See Righteous Courage For The Study Of Civil Law Protection For Rescuers

Courage is the organic unity of adhering to morality and being brave to take responsibility,and it is a good social fashion.In the current society,courageous action is facing a severe test of the times.In reality,there are too many negative news about being righteous and courageous.As a result,people no longer choose to lend a helping hand when a critical situation occurs.Due to the lack of legal protection of righteousness and bravery,people may suffer more loss of interests after implementing rescue behaviors.The introduction of the Civil Code marks the further strengthening of civil law protection for righteousness and bravery,and shows that legislation has an impact on righteousness and bravery.Support and encouragement.But in fact,the protection of the civil law to the rescuer is still insufficient,and the rights of the rescuer cannot be fully and effectively guaranteed.Therefore,it is very necessary to study the civil law protection of the rescuer.This article is mainly divided into five parts:The first part is the introduction.The article first analyzes the background of the protection of the current law of courage to rescue people,and points out that the current civil law in our country does not provide adequate protection for people who are brave to save people,which has caused a series of social problems.Secondly,the research purpose of this paper is to improve the deficiencies of the current civil law in the protection of the rescuers,in order to realize the comprehensive protection of the rights and interests of the rescuers,and promote social fairness and justice.In theory and practice,the research status of valiant action is analyzed,which leads to further thinking on the protection of the people’s law for valiant action.Finally,the research content and research methods of the article are listed.The second part is the basic theory of courageous action.The article sorts out the basic theory of righteousness and bravery,and provides support for the civil law protection of righteousness and bravery to rescue people at the theoretical level.First of all,it analyzes the concept of courageous action.By sorting out the relevant provisions of local laws and regulations and combining the viewpoints of different scholars,the concept of courageous action is defined,and the constituent elements of courageous action are analyzed in detail;Justifiable defense,emergency avoidance and other dimensions demonstrate the legal attributes of righteousness;then,the article divides the types of righteousness according to the standard of whether there is an unlawful infringer when a critical situation occurs.The third part is the necessity of the protection of the law to help the people bravely.This part mainly discusses the necessity of civil law protection for the brave to save people for righteousness.First,it analyzes the irreplaceability of legal protection for the brave to rescue people.It analyzes the limitations of the criminal law and the administrative law for the protection of the brave to rescue people.Civil law protection for rescuers is irreplaceable.Secondly,the article discusses the inherent requirements of civil law protection,that is,civil law protection for people who are righteous and brave is the embodiment of public order and good customs,and it is also the requirement of the principle of fairness in civil law.The fourth part is about the deficiencies of the protection of the people’s law.The article first points out that the rules for the determination of acts of courage injustice are ambiguous,which makes it difficult to determine whether the behavior of rescuers can be established or not.Secondly,the article analyzes the problem that the scope of beneficiaries is not clear.The determination of the beneficiaries directly affects the responsibility of the rescuer and whether the losses of the rescuer can be fully relieved.The article mainly focuses on the beneficiaries in two situations.scope is discussed.Thirdly,the article points out that the beneficiary’s compensation scope and compensation standard are not clear,which makes it difficult to confirm the beneficiary’s compensation scope and share to the rescuer,and there is also a great controversy as to whether the rescuer’s mental damage belongs to the beneficiary’s compensation scope..Then,the article discusses the two situations in which the rescuers are injured in the righteousness,and analyzes the exemption provisions for the rescuers in the two cases respectively,and thinks that the exemptions for the rescuers in the righteousness are unreasonable.In the end,it analyzes the problem of the single relief method for the brave to help people.The fifth part is the perfection of the protection of the law to help the people bravely.Aiming at the problems analyzed in the fourth part of this paper,put forward reasonable suggestions suitable for my country’s national conditions.First of all,we should refine the rules for the determination of righteousness and courage,and provide criteria for determining whether the rescuer’s rescue behavior constitutes righteousness and courage.Secondly,the scope of the beneficiaries of the act of bravery injustice should be clearly defined,so that it is convenient to determine in judicial practice which subject should bear the compensation responsibility for the rescuer of bravery in justice.Third,clarify the scope of compensation and refine the compensation standards,and include the mental damage comfort fund into the scope of beneficiary compensation,so as to facilitate confirmation of the specific amount of compensation for beneficiaries.Then,rationally limit the reasons for exemption from liability for the rescuers of righteousness and bravery,give the rescuers of righteousness and bravery limited immunity,refine the limit requirements for the rescue of righteousness and courageousness,and finally realize the social security system,state compensation and fund system for righteousness and courageousness by improving the rescuer.Diversity relief.