| The construction of rule of law is to maintain social harmony and ensure people’s happiness.When the good samaritan meet difficulties,they should be protected by law to carry forward this traditional virtue.It is very common for a brave act to cause a brave person to become the object of claim.Even after the act is implemented,the responsibility undertaken by the brave person leads to a significant reduction of his living standard.The significance of civil liability exemption is to reduce the damage liability of the brave and encourage people to help the vulnerable groups.The identification of the good samaritan includes not only the rescuer,but also the person who resists the illegal crime and rescues the disaster.The possible infringement of the good samaritan is not only in the case of the infringer,but also the unforeseen events.It is necessary to comprehensively analyze the identification standard of the good samaritan,and clarify the legal relationship of the civil liability exemption of the good samaritan from the legal perspective.The application and basis of the exemption of civil liability of the good samaritian can be roughly divided into the damage to the infringer and the damage to the beneficiary;for the application exceptions,including the subjective intention of the good samaritan and the existence of gross negligence,especially the responsibility of the innocent third party.The result of action affects the responsibility of the actor.Although the general principles of Civil Law lists the applicable provisions,there are no specific provisions on the scope of application,the distribution of responsibility and the specific application in judicial practice.The dilemma of the exemption of civil liability of good samaritan is that the subject of application is not clear,and the degree of recognition of the behavior of good samaritan is not clear;the solution is to start from these aspects,to clarify the distribution of liability for the damage of multi-party subjects in the process of implementation of good Samaritan.Combining with the existing system,this paper puts forward the idea of reducing the burden of proof on the basis of the cognition of responsibility distribution.This paper puts forward the idea of reducing the burden of proof for the good samaritan. |
