Study On Exemption Rules Of Emergency Rescue

The General Principles of Civil Law introduces emergency rescue exemption rules based on foreign good Samaritan law,which regulates the issue of the liability of rescuers when they are damaged due to voluntary emergency rescue actions.This system helps to reduce the legal risks to be borne by the rescuers in good faith.It is an important measure to improve the law of good people in our country.It has filled the previous legal gaps and has obvious progress significance.However,the provisions of this article are relatively rough,and have caused some controversy in theory.The nature of emergency rescue has not been conclusive,and the rationality of the relief of rescuers has been completely eliminated.Starting from the relevant legislation and judicial status,the historical background and legislative purpose of the system can be clarified,and the application of judicial practice and the focus of the dispute can be examined.Prior to the promulgation of the General Principles of the Civil Law,emergency assistance was adjusted by local regulations,but the local regulations on liability for damage to recipients caused by the voluntary implementation of emergency assistance are not uniform.The promulgation of the "General Principles of Civil Law" unifies the solution to this problem.Looking at the legislative process of the articles,the legislators have considered the negative effects brought by the rules of complete exemption,but they have the feeling to reverse the trend A long way to go and difficulties in legislative technology and the cost of law implementation have made great strides in this issue and completely relieved the rescuers’ worries.Legislators have the intention of encouraging righteousness and value orientation of social interests.From the perspective of judicial practice,due to the lack of relevant legal rules and operating methods,there is greater difficulty in identifying emergency rescue behaviors,and the scope of exemption of rescuers by different courts also varies widely.Therefore,the emergency rescue exemption rule is actually not very judicially applicable.Before applying the emergency rescue exemption rules,it is necessary to clarify the theoretical basis and exemption basis of emergency rescue.At present,there is no unified concept of emergency rescue in the academic world,and many believe that it can be determined by referring to the concepts in the relevant rules and regulations.However,as a traditional term,"seeing righteously and courageously" has strong moral attributes.If the concept of seeing righteously and courageously is fully used,it will set a higher moral standard for emergency relief.This shows that there are obstacles to the convergence of the two concepts.Emergency rescue behavior includes not only more dangerous behaviors but also simple behaviors such as emergency rescue,so the threshold of emergency rescue can be appropriately lowered.From the perspective of nature,emergency relief basically conforms to the constitution of a causeless management system,so it should have the attribute of causeless management.The basis for the exemption of emergency relief can be started from other exemptions.Justifiable defense and emergency hedging are similar to the emergency rescue function.Although they have the possibility of overlapping,they cannot solve the problem of the responsibility of the rescuer.Therefore,Emergency relief is an indispensable independent system in the civil liability system.From the point of view of non-fulfillment of liabilities for unreasonable management of debt,there is no basis for exemption from emergency relief.Therefore,it is difficult for the emergency relief to be justified under the causeless management system.There are three requirements for the application of the emergency rescue exemption rule: First,the rescuer does not bear the rescue obligation.The rescuer can only be a natural person and has neither a fixed nor agreed rescue obligation.The rescuer is willing and not based on coercion.Purpose;Second,the rescuer implemented an emergency rescue behavior.Emergency means that the person or property of the rescuer is in real danger and should be determined by a combination of subjective and objective criteria.Salvation behavior is an act to prevent or stop the personal or property of others from being in danger.Third,The damage suffered by the recipient was caused by the rescuer’s carelessness,but the rescuer is not responsible for the damage before his appearance,he is only responsible for the damage he caused to the recipient recently and the damage that is enlarged,And has a relationship with the rescue behavior caused and caused.In order to maintain the integrity and logic of the legal system,the emergency rescue exemption system needs to be coordinated with the non-cause management system.Emergency rescue has the basic attributes of cause-free management,which should meet the basic legal principles of emergency cause-free management: "management is not obstructed but illegal" and appropriately lower the rescuer’s attention standard,and set corresponding limits for the rescuer’s negligence.In addition to the standard,the relationship between the consequences of the negligence of the rescuer and the expected harmful consequences in an emergency can be considered.In addition,in order to reduce the cost of assistance,avoid the impact of litigation on the rights of rescuers and recipients,and better solve the problem of emergency assistance,the emergency assistance system can also be connected with social security mechanisms to establish dispute mediation.And identification mechanism,the establishment of a rescue fund to strengthen the popularization of public emergency knowledge,focusing on solving problems such as non-rescue.