Research On The Improvement Of Incentive Mechanism For Good Samaritan

The "Peng Yu case","Xiao Yueyue case" and other hot cases will be courageous to see the righteousness of the hot public opinion,"Tangshan beating case" triggered the righteousness of the hot debate,the public’s strong reaction to see the righteousness of courage and related events reflect the phenomenon of social "moral slippage" and ordinary people "to save or not to save" "to help or not to help" moral distress.Since the 18 th Party Congress,under the leadership of the Party Central Committee with Comrade Xi Jinping as the core,the country has vigorously promoted the spirit of righteousness and bravery,strengthened the value orientation of social governance,and promoted the integration of core socialist values into the construction of socialist rule of law with Chinese characteristics in the new era,with regulations issued one after another around the country on rewarding and protecting people for righteousness and bravery,and the Civil Code of the People’s Republic of China has also established " The Civil Code of the People’s Republic of China also establishes"articles 183 and 184 of the righteousness and courage" to clarify the beneficiaries’ compensation and the immunity of rescuers from liability.For a long time,the concept of social governance has been focused on curbing crime,emphasizing the importance of the classical approach to chaos,with punishment as the main means of legal adjustment occupying the mainstream,but there is a loss of focus and failure of punishment in the field of protection of the righteous and brave,and other modern rule of law means are urgently needed to stimulate the righteous and brave.In addition to this,the declaration of righteousness and bravery for the recognition of the rigid procedures,the reward standards for the courageous for the righteous alienation,all kinds of protection measures are difficult to implement,making it difficult to curb the phenomenon of "heroes shed blood and tears".Therefore,in order to promote the spirit of righteousness and bravery,promote the comprehensive development of the cause of righteousness and bravery,inspire public confidence,change the phenomenon of unfocused and dysfunctional punishment,and ensure that righteousness and bravery can gain the social respect they deserve,it is imperative to improve the incentive mechanism for righteousness and bravery.This paper takes local regulations on rewarding and protecting the brave for righteousness as the research text,compares the specific contents of the existing incentive mechanism for the brave for righteousness through empirical and quantitative analysis of the legal text,analyzes the real dilemma of the operation of the mechanism,and finally settles on the suggestion of perfecting local legislation with Gansu as an example,in order to provide good strategies for the improvement of the incentive mechanism for the brave for righteousness.In addition to the introduction and conclusion,the main part of this paper consists of four main parts:Chapter 1: Overview of the incentive mechanism for the righteous and brave personnel: This chapter elaborates the core meaning of the incentive mechanism for the righteous and brave personnel from three aspects: the importance of the incentive mechanism for the righteous and brave personnel,the theoretical basis and the historical changes,and provides reasonable theoretical support for the writing of the paper.Chapter 2: Empirical Analysis of the Operation of the Incentive Mechanism for the Righteous and Courageous: This chapter relies on the summary of local legislation,takes the regulations on rewarding and protecting the righteous and courageous as the object of study,deeply analyzes the rules and mechanisms of the existing text,and presents the specific contents of the incentive mechanism for the righteous and courageous from the two aspects of the substantive content and procedural content.Chapter 3: The operation dilemma of the incentive mechanism for the righteous and brave: This chapter echoes the second chapter,and relies on the empirical analysis of the second chapter to summarize and sort out the shortcomings of the incentive mechanism for the righteous and brave and the blind spots of the mechanism design.Chapter 4: Suggestions for improving the incentive mechanism for the brave: On the basis of sorting out the dilemmas of the mechanism,we provide good strategies for improving the incentive mechanism for the brave,and finally take Gansu as an example to provide practical system solutions for improving the incentive mechanism for the brave.