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Research On The Civil Law Protection Of The Brave

Posted on:2022-02-05Degree:MasterType:Thesis
Country:ChinaCandidate:R Y WangFull Text:PDF
GTID:2506306545488954Subject:Law
Abstract/Summary:
The courage of righteousness in today’s society is facing unprecedented tests."Porcelain" incidents are frequent.More and more people prefer to stand by when facing emergencies.This phenomenon makes people have high hopes for our country’s "good man law".Articles 183 and 184 of the "Civil Code of the People’s Republic of China"(hereinafter referred to as the Civil Code)passed in 2020 are undoubtedly another major milestone in the protection of those who do what is right.Article 183 of the "Civil Code" stipulates the right to claim compensation for those who act bravely.Article 184 stipulates the exemptions for those who act bravely.These legislations all show that our country’s legislation encourages and advocates acts of bravery.However,these regulations still have problems such as blurred boundaries and poor operation in practice.Before applying them,it is necessary to fully understand the connotation of the law and accurately grasp the purpose and purpose of the legislation,so that it can better serve the judicial practice.This article first starts with the concept of acting bravely,and introduces the basic theory of civil law protection.By fully grasping the legal attributes of bravely acting for righteousness,strictly distinguishing its differences from similar concepts,to be a better understanding of the necessity of civil law protection for those who are brave for righteousness;Through the summary,sorting and analysis of cases related to the behavior of justice in China’s judicial practice,comparison,refinement,and analysis of specific cases which are relevant problems in the protection of the civil law of those who are justified are sorted out;finally,in order to promote the protection of the civil law of those who are justified in the judicial has been better applied in practice,by combining relevant experience outside the territory,it is aimed at clarifying the rules for the determination of brave acts and reasonably determining the beneficiary and the order of compensation,improving the system of full compensation for those who are doing justice,refining the exemptions for those who do want to do justice etc,put forward reasonable suggestions and measures suitable for China’s national conditions,in order to achieve the full play of the role of civil law in advocating and promoting acts of righteousness.
Keywords/Search Tags:Acting bravely, beneficiaries, compensation for damages, exemptions, suggestions for improvement
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