A Study On The Exemption Rules Of Civil Liability For Bravery For A Just Cause

Since the "Xiaoyueyue incident",the society has been paying more attention to voluntary felon-fighting.In the past judicial practice,most of the problems involved in voluntary felon-fighting were solved by the system of justifiable defense and emergency avoidance.The promulgation of Article 184 of the Civil Code makes up the legal gap in the field of compensation liability for voluntary felon-felons,but there are problems in the system provisions such as vague applicable standards and uneven distribution of rights and obligations of the parties,which cannot provide sufficient normative guidance for judicial practice.In addition,in the case of intentional or gross negligence of the perpetrator of a voluntary felony,complete immunity from his civil liability is also biased.In view of the above problems,article 184 of the Civil Code can be supplemented and corrected by limiting the interpretation of the law,so as to further improve the rules of immunity from civil liability for voluntary felony.The main content of the article is divided into the following four parts:The first chapter summarizes the rules of immunity from civil liability for voluntary felon-fighting.First of all,through the characteristics of voluntary felon-fighting acts,this paper summarizes the constitutive elements of the exemption rule of civil liability for voluntary felon-fighting,including non-duty,altruism,emergency risk and illegal hindrance.Secondly,it analyzes the influence of the institutional attribute of voluntary felon-fighting on the establishment of the rule of exemption from civil liability.Finally,through sorting out the legislative evolution of Article 184 of the Civil Code,it summarizes the significance of establishing the rule of immunity from civil liability for voluntary felon-fighting.The second chapter introduces the extraterritorial legislation of immunity from civil liability for voluntary felon-fighting.On the one hand,it introduces the similar provisions of civil liability for voluntary felon-fighting in the common law system and the civil law system,and the characteristics of the judicial application of the two law systems in emergency rescue.On the other hand,based on the local judicial practice,we get the enlightenment of perfecting the rules of immunity from civil liability for voluntary felon-fighting in China.The third chapter analyzes the dilemma of the immunity rule of civil liability for voluntary felon-fighting in China.It is mainly analyzed from two aspects of system and practice.In terms of system design,there are problems such as uncertain applicable standards,complex applicable systems and unbalanced distribution of rights and obligations of the parties.In judicial practice,there exists the problem of inconsistent application premise and imputation principle.The fourth chapter is the perfection of the rule of immunity of civil liability for voluntary felon-fighting.First of all,at the system level,the rules of exemption from civil liability for voluntary felon-fighting are divided into three types: complete exemption,no exemption and appropriate reduction of liability.Secondly,in judicial practice,the subject and object are respectively discussed to improve the accuracy of application;Finally,by strengthening the supporting mechanism construction of fund,insurance system and evidence system,the rules of exemption from civil liability for voluntary felony are better perfected,so as to realize the organic unity of rule of law and rule of virtue,and give consideration to the legal effect and social effect.