Study On Some Problems Of Civil Law In Good Samaritan

In the bright stars of Chinese civilization,the national spirit of doing a courageous deed has been shining a dazzling light in the traditional Chinese national spirit.It is also an indispensable pearl in the traditional virtues of the Chinese nation.It shows the citizens’ courage to contribute and willingness to help others to take social responsibility.From the legal perspective,since the enactment of the Civil Code of China,the183 and 184 articles of the Civil Code have been added as important provisions to protect the good Samaritans,which promotes social justice,but inevitably gives rise to many legal problems.The author hopes to make up for the gap of law adjustment through the study of some problems of its civil law and various means such as judicial interpretation as far as possible,so as to better enhance the effect of law implementation,carry forward social righteousness,and speed up the construction of a society of clean wind,mutual aid and harmony.The content of the article mainly includes the following parts:The first chapter,through the introduction of the legislation on voluntary felon-fighting in ancient China,summarizes and sorts out the relevant local legislative provisions,and scientifically defines the voluntary felon-fighting.The elements of civil law related to bravely actions are analyzed and the main legal foundations are outlined.Finally,a brief overview of the focus of the civil law for voluntary felon-fighting.The second chapter focuses on various legislative arrangements for defending just people outside the country,and tries to improve the protection of good Samaritan in China by referring to the relevant legislative design and research status of the two legal systems.Although China’s Civil Code has made obvious progress in the protection of good Samaritan,it still needs to be improved constantly.The third chapter,the emphasis of civil law on issues relating to the Good Samaritans,initiated a detailed elaboration.This part mainly includes five aspects:First,in matters of civil liability,civil liability between the infringer,the beneficiary,the third party and the righteous are clarified in combination with relevant legislation.Second,in terms of civil compensation,it mainly focuses on the competition and cooperation of rights such as the right of claim for tort compensation,explores the best way to balance the interests of various parties.Thirdly,In the aspect of civil compensation,the author analyzes the compensatory liability of the beneficiary from two sides.About of "can be compensated" and "should be compensated" around Article 183 of the Civil Code.Fourthly,in terms of legal relief,analyze the theoretical basis and legislative status of introducing public force relief.It also makes a reasonable design on the application sequence of various remedies for the protection of Good Samaritan,so as to make up for the defects of civil legal remedies through various remedies,and better realize the goal of the Civil Code.Fifth,to sort out the legislative development of voluntary felon-fighting in China,and lay the groundwork for Chapter 4 on improving civil code laws.The fourth chapter,based on the legislation of Article 183 and 184 of the Civil Code,analyzes the difficulties faced by the legislation of the protection of Good Samaritan,and there are suggestions for answers to problems..According to article183 of this law,the author tries to scientifically define the beneficiary,clarify the appropriate compensation scope,the relationship between the application of Articles183 and 121 of the Civil Code,and how to request assistance immediately after compensation.To solve these problems,it is suggested to define the beneficiary by the standard of subjectivity and objectivity,and to bring the state and collective into the scope of the subject of compensation.The appropriate compensation scope shall be determined based on the agreed priority.The priority status of Article 183 and the right of recourse after compensation shall be clarified through legislation.In view of the article 184 of the law,the author finds that there are two problems:the absence of restrictions on immunity and protection of recipients.To solve these problems,it is suggested to set up limited immunity from liability in subjective and objective aspects through judicial interpretation.Make clear the effect of the recipients’ refusal to help;We need to improve public support for governments,clarify ways to protect the rights and interests of beneficiaries,and coordinate the interests of Good Samaritans and beneficiaries,and escort the promotion of justice.