Research On The Application Of Emergency Relief Clause In Civil Code

The old and the old,the young and the young,our country has been advocating mutual help since ancient times;It is the traditional virtue of our country to save people in distress and to help others when they are in urgent need.However,in recent years,the frequent implementation of relief people have been benefaged,this disturbing phenomenon caused by the negative impact,not only harm the interests of individual rescuers,but also not conducive to the correct formation of China’s social atmosphere,easy to cause death and other moral landslide consequences.In order to deal with this problem,our country has also put forward its own countermeasures and thinking in the legislation,and in 2017 the "Good Samaritan Law" of our country was stipulated in article 184 of the General Provisions of the Civil Code,which has since been established in article 184 of the Civil Code.The legal relationship between the recipient and the rescuer is clarified,the rescuer who voluntarily implements emergency relief is given legal protection,and the rescuer is not liable for the damage caused by the recipient.However,the provisions of the provision were too general and could lead to neglect of the protection of the legitimate interests of the recipient.And China’s emergency relief provisions are very imperfect,only stipulated in article184 of the Civil Code,the lack of supporting measures.Therefore,the understanding and application of China’s "emergency relief provisions" need to be limited and perfected.The author thinks that the "emergency relief clause" of Article 184 of the Civil Code can play a role in solving the worries of the rescuer in carrying out the rescue act,but it needs to be restricted and applied,and the improvement of supporting measures should be strengthened to balance the protection of the legitimate rights and interests between the recipient and the rescuer.In addition to the introduction and conclusion,this paper is divided into four parts.The first part mainly introduces and explains the basic theory related to emergency relief behavior.It combs from the basic meaning of emergency relief,the basis of legislation and so on,and compares the relevant basic theories at home and abroad.The second part is from the emergency relief provisions of the legal doctrine analysis.First of all,the nature of emergency relief is analyzed;Then combing the present situation of our country’s legislation,starting from the judicial status quo,combined with the empirical study of judicial cases,summarizes the problems and shortcomings in the application of article184 of the Civil Code of Our country.The third part is the reflection on legislation and practice.First of all,it analyzes the problems that are not clearly defined in the basic theory,including the nature of "no responsibility" and the elements of composition.Secondly,it analyzes the experience and enlightenment provided by the relevant provisions of extraterriter emergency relief for our country to perfect the rules of emergency relief.Again,the sociological effect of the law applicable to the emergency relief clause is predicted.The conflict between the emergency relief clause and other systems in the legal system is analyzed in order to clarify the attributes of the emergency relief clause in China,and to provide the theoretical basis and multi-dimensional angle for the application of the exemption clause of emergency relief in Article 184 of the Civil Code of our country,combined with the legislative characteristics and advantages of the extraterriter rules.The fifth part puts forward some suggestions to perfect the application of article 184 of the Civil Code of Our country.