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The Samaritan those legal protection of the rights and interests of research
Author: LiangXiaoQiang
Tutor: ZhangXiaoZhi
School: Northwestern University
Course: Law
Keywords: Ready to help others for a just cause Voluntary service Justifiable Defense Act of Rescue Reward Compensate
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 255
Quote: 1
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Abstract
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Why good samaritans not only bleed in their bodies but also bleed in their hearts in. real life in China, the main reason is that China’s current laws cannot provide full protection for them. Either rules of "Justifiable Defense" and "Act of Rescue" in criminal law or in civil law can only release them from criminal liability or civil liability, for the purpose of encouraging people to be "ready to help others for a just cause".But neither can compensate the loss good samaritans suffered. Though the deed of being "ready to help others for a just cause" has something in common with "voluntary service",the latter cannot cover all examples of the former,for exmple,sometimes no beneficiaries exist in good samaritans’s dealing with natural disasters. Above all, good Samaritans have a higher level of morals than those who offer "voluntary service".Various local good samaritans regulations have a less powerful enforceability and even have conflict among themselves, which cannot provide good samaritans full or fair protection.Therefore,the fundamental solution to the problem of good samaritans protection is that the government or the country ought to undertake the duty to protect good samaritans and compensate their loss,for good samaritans help the government or the country perform its duties. And the most effective measure is to make a special law to give good samaritans full protection,which can also promote build a harmonious society in China.
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CLC: > Political, legal > Legal > Chinese law > China and France
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