Helping those in need has always been the traditional virtue of the Chinese nation。But in recent years，Occasionally the elderly fall down and have no one to help them。Although there is a "good guy law" provision that exempts liability for accidental damage caused by emergency bet365 games，Article 1005 of the just-promulgated "Civil Code of the People's Republic of China" also clearly stipulates the right to life of a natural person、Body rights、When the right to health is violated or in other critical situations，Organizations or individuals with legal bet365 games obligations shall provide timely bet365 games。However, the lack of a general obligation to bet365 games in distress is difficult to correct anomalous behavior，Fragmented relief is difficult to effectively protect the parties。"The question is the voice of the times"，We need to stick to problem orientation，Leverage the role of laws and regulations in solving outstanding issues in the field of ethics，Use the rule of law to solve moral aberrations，Cultivate social virtues。

　　Full justification for the legalization of the obligation to bet365 games in distress

　　Although there are still many people who object to ordinary citizens without special relationships assuming the obligation to bet365 games others in distress，However, the establishment of the obligation to bet365 games in distress can guide and strengthen the correct behavior of the perpetrator、Protect the life and health of others from harm、Maintain social order and good customs、Preventing and eliminating social risks and other functions，And has sufficient theoretical support。

　　First of all, the value concept of bet365 games first.Life is the source of all rights，Life is the highest legal interest protected by bet365 games，Protecting people’s lives and safety is the country’s unshirkable obligation。General Secretary Xi Jinping emphasized，We must put the safety and health of the people first。But we also have to see，Although the country’s protective power is powerful, it is limited after all，And risks are widespread，If the country cannot obtain information in time that a citizen is in danger，It will be difficult to provide corresponding emergency assistance in a timely manner。Therefore，Can really provide effective help，People who save the victim’s life and health from further damage，The general public are often the first to be at the scene of an incident，Ordinary citizens need to lend a helping hand，Help in danger。

　　Secondly, the theory of bet365 games risk sharing.Facing risks everywhere，No one can guarantee that he will not encounter danger in his life。Everyone may be in some kind of sudden or accidental risk，Everyone is a potential victim，Everyone may become a situational weakling。As a bet365 games person，It is impossible for anyone to live "without asking for help"，The finer the division of labor in society，The deeper the degree of interdependence between people。When encountering risks，We often need to rely on strangers to lend a helping hand to overcome difficulties。Today you lend a helping hand to save others，You will be in trouble someday，It is possible to get "Qi Yue Wu Yi？Reward like "being in the same robe as your son"。Share bet365 games risks，Protect others in distress，To some extent，Also to protect yourself。

　　Finally, the bet365 games reshaping of traditional virtues.General Secretary Xi Jinping pointed out，“Carrying moral concepts through the rule of bet365 games，Morality can only be supported by reliable institutions”。When reconstructing the socialist moral system，bet365 games as an important means of social governance，Undoubtedly plays an important role that cannot be replaced by other means of social governance。On the one hand，Since most legal norms originate from moral norms，bet365 games is the most basic of morality、The most important content，Many legal norms are condensed and sublimated from morals。On the other hand，When correcting anomie and reshaping morality，Need to be guided by social public opinion on typical behavior，It is also necessary to use legal force to correct the behavior of the parties、Confirmation and reinforcement。Obligation is the basic rule in the moral field，If a moral obligation is essential to social order or security，Should be elevated to a legal obligation。Staying idly by when others are in trouble，Not only does it not meet the requirements of socialist spiritual civilization construction，And it affects social stability。Therefore，It is necessary to use legal regulations to effectively correct this kind of moral indifference。

　　Accurately choose the legislative model of the obligation to bet365 games in distress

When enacting legislation on the obligation to bet365 games in distress，There are two main opinions: criminalization and civilian entry。Those who advocate imprisonment believe that the social harm of refusing to save others is in line with the characteristics of crime，The natural deterrence of criminal law is more effective in correcting anomalous behavior，And foreign countries have rich legislative experience in this area for reference。But in fact，Using criminal law norms should be very cautious。Criminal law is modest and restrained，The author believes that unless the following elements are met，Otherwise, you will not be punished if you refuse to save yourself: First, the social harm of this behavior is quite serious；Second, it is inevitable to apply penalties to this behavior。Failing to save someone in the first place is a negative behavior that fails to prevent damage，The social harm cannot be compared with the positive behavior that directly infringes on the personal life of others。Secondly, the so-called inevitable，Refers to the legislator’s belief that if the most severe penalties are not used to punish those who do not save their lives，It will be difficult to effectively maintain social order。From the perspective of regulating social life and maintaining social order，Criminal law protection means are final，Morality is the first choice，Civil Law、Administrative law and other laws other than criminal law come second，The last thing is criminal law。Only when other regulations cannot achieve the effect of fully protecting legal interests，Only under forced circumstances can criminal law be used to punish。In addition，In a society of strangers，It is difficult to have a psychological basis for actively caring about others，Not rescuing people and committing punishment is beyond the recognition of the public，Easy to encounter the general psychological resistance of the masses。In summary，There is no sufficient reason for not saving people and committing punishment。

Based on national conditions，In the process of adjusting the behavior of the parties involved，Relative to criminal law as a prohibitive norm，Civil law norms are characterized by empowerment and advocacy。To influence the behavioral choices of actors by conferring specific obligations on social members through civil law，For moral reconstruction，Definitely a simpler way、A more effective way，It is also easier for people to accept and obey。The main reason is: first，Legislation of the obligation to bet365 games in distress means the legalization of morality，And "the civil law system is a moralized legal system"，Gathering of moral elements of civil law，Many civil legal systems demonstrate social ethics，Has the function of promoting fairness and justice。The obligation to bet365 games in distress is an important obligation imposed on the parties by the two major legal systems，It is the concrete embodiment of the principle of public order and good customs in the civil law system。With the transformation of society，Social risks are getting deeper and deeper，It is of great significance to confirm the virtue of helping those in need and those in need in civil law。Second，The fundamental starting point of the obligation to bet365 games in distress is to protect the life and health rights of the victim，Therefore，Those who breach their obligations should be liable for damages，This is consistent with the core purpose of modern civil tort law。Because for the purpose of applying liability to wrongful acts，Different from criminal law which focuses on punishing criminal acts，Civil law focuses more on compensating the damage suffered by the victim。Third，Better satisfying the people’s yearning for a better life is a powerful driving force for the continuous improvement of our country’s national governance capabilities，Civil law, which is full of humanistic care, always takes people as the starting point and foothold of system design，Civil law strengthens the protection of personality rights with the right to life and health as the core and primary content，Undoubtedly, it can provide important institutional guarantee for the people to achieve a happy and beautiful life。The statutory obligation to bet365 games is clearly written into the personality rights section of the Civil Code，This also means that the civil legislation on bet365 games obligations has taken a critical step。

　　Rationally build a crisis bet365 games obligation system

Any setting of obligations may cause the derogation of personal freedom。The negative obligation to “do no harm to others” is the easiest to accept and fulfill。The obligation to bet365 games in distress itself is a positive obligation，The granting means restricting people’s freedom of movement to a certain extent，So the setting of obligations must be done with caution，Need to control the boundaries of legitimacy。In view of the general establishment of the obligation to bet365 games in distress, the perpetrator will be dragged down by an excessive burden of responsibility，Thereby affecting the actor’s enthusiasm for normal transactions and other social behaviors，And may hinder social progress and development。So，At the technical level of legislation, the applicable conditions for the obligation to bet365 games in distress need to be strictly limited，To seek the "golden point" between protecting the lives and health of others and restricting personal freedom。The applicable conditions are: first，The perpetrator subjectively knows the lives of others、Health or physical condition in danger。As the highest personal interest，The right to life should be subject to the strictest protection of the law。Being someone else’s body、Health is in danger，If the perpetrator is too lazy to bet365 games，It may also endanger the lives of others。Second，The actor has neither legal nor agreed obligations to bet365 games others。Except for the agreed bet365 games obligations，Some laws、Regulations require specific institutions or persons to have a duty to bet365 games others，Like a doctor to a patient、Firefighters or police respond to citizens in distress, etc.。The subjects of distress bet365 games obligations mentioned in this article do not include these people。Third，The perpetrator has the ability to bet365 games and the bet365 games is not dangerous。Everyone’s life is equal，The law cannot force people to do anything，We cannot ask people to sacrifice their own personal interests to save others，We can only ask the perpetrator to bet365 games when he can。Based on the conditional suppression theory of preventing consequences，Even if the direct cause of the damage is other actions or events，But if the perpetrator knows that others are in personal danger，He has the ability to bet365 games and there is no danger in the bet365 games, but he refuses to save him，The perpetrator can prevent the harm by providing bet365 games，Confirm that there is a causal relationship between its failure to bet365 games and the consequences of damage，Consisting infringement liability by omission。

Taking into account the urgency and risk of bet365 games operations，To relieve rescuers from worries，Increase their willingness to bet365 games，And the damage suffered by the rescuer during crisis bet365 games，It is often difficult to respond comprehensively by simply applying tort liability liability，Therefore, a multiple relief mechanism for injured rescuers should be established。First of all, civil remedies will be the main priority。As long as the bet365 games in distress is caused by the infringement of a third party，Regardless of whether the damage suffered by the rescuer is directly caused by the infringement of a third party，Anyone can require the third party to bear infringement liability。The rescuer can request compensation from the rescued person in accordance with the provisions of the civil law on bravery for justice。But if the tortfeasor or the rescued person purchases corresponding liability insurance，The rescuer should be given the right to directly request insurance priority for compensation。Secondly, administrative relief is the backing。If the behavior of the rescuer in distress meets the conditions of courage and righteousness，Can obtain corresponding local administrative compensation、Rewards and other relief。In order to change the different legislative standards in different places、Situations with different relief efforts，National unified legislation should be passed as soon as possible，Let qualified rescuers obtain fair and just relief。In the end, social relief was used to cover the expenses。Gradually improve medical assistance covering the entire population、Social security projects such as work-related injury insurance and social preferential treatment，Establish a special public welfare fund。Overall relief coordination and coordination，Form the overall resultant force，Can provide timely and effective protection for rescuers。

　　(This article is a phased result of the National Social Science Fund project "Research on Civil bet365 games Dilemmas and Responses to Disaster Relief" (16BFX155)

(Author’s unit: Fujian Normal University bet365 games School)