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Courageous civil remedies were damaged Research

Author: ZhangShunMin
Tutor: YangFeng
School: Jiangxi University of Finance
Course: Civil and Commercial Law
Keywords: Samaritan Gestio Civil remedies
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 334
Quote: 0
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Abstract


Samaritan is the traditional Chinese virtues and the national spirit, deeply rooted in the nation's long and glorious history. National spirit is a nation's survival and development of spiritual support. One nation, no inspiring spirit and lofty character, it is impossible to stand on nations of the world. In the great cause of building socialism with Chinese characteristics in the process, to further promote courageous spirit, has a special significance. Courageous heroes and illegal acts and resolute struggle against disasters and accidents, they bleed, injury, and even sacrificed their lives. However, after a courageous, courageous and their families often encounter health care, work, life and other difficulties. In particular, in recent years, as people's awareness of the law, occurred in a person being courageous rescue contradiction between the increasing number of disputes and even resorting to the court, the request is to rescue people to their corresponding risk compensation or material compensation . Therefore it is necessary to courageous acts in law repositioning in order to better protect the interests of those courageous. In this paper, inductive study method and the comparative study and other research methods, courageous conduct legal remedy from the theoretical basis and practical significance, courageous civil property, courageous legal remedies and the improvement of existing four aspects of the Samaritan legal relief system to do in-depth discussion. Same legal remedy against the courageous acts of the same basic principles of civil law consistent with that legal remedies against those courageous means comprises: courageous person to tort damages against the person exercising the right to request, to the beneficiaries exercise the right to request compensation for damages, necessary expenses repayment request rights. China's current legislation on the courageous acts of considerable lack of plaque, and is more common in parts of the legislation, leading to a lack of uniform legislation courageous acts of protection and support, but also in practice caused a lot of injustice, in view of this, the paper on China's courageous act made several perfect view to play the social function of the law peculiar to better carry forward the courageous acts of noble character and spirit. We believe that if courageous and able to become a normal behavior, fairness and justice will become mandatory element of our society, harmony will be enveloped in nature around us.

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