Supporting Difficulties and Save has always been the traditional virtue of the Chinese nation。But in recent years，When the elderly fall, there is no one to help。Although there are already "good people law" clauses that have accidentally rescued rescue liability exemptions，Article 1005 of the "People's Republic of China" just promulgated also clearly stipulates that the right to life of natural persons、physical rights、Health rights are violated or in other crisis situations，Organization or individuals with a legal rescue obligation shall be rescued in time。But the general crisis and rescue obligation of still paying a lot of danger is difficult to correct the loss of the fan，Fragmented relief is difficult to effectively protect the parties。"The problem is the voice of the times"，We need to persist in problem -oriented，Give full play to the role of laws and regulations in solving the prominent problems in the moral field，Crack moral loss with the rule of law，Conservation of social virtues。

　　Bet365 app download

　　Although many people still oppose ordinary citizens who have no special relationship, ordinary citizens have the obligation to rescue others，But the setting of the obligation of crisis and assistance has the correct behavior of guidance and strengthening actors、Protect others' lives and health from damage、Maintenance of public order and good customs、Practice such as preventing and eliminating social risks，and have sufficient theoretical support。

　　First, the value concept of life first.Life is the source of all rights，Life is the highest legal benefit of legal protection，The safety of protecting the people is an incompetent obligation of the country。General Secretary Xi Jinping emphasized，Putting the lives of the people's lives and health in the first place。But we also have to see，The country's protection force is strong, but after all, it is limited，and risks are common，If the state cannot get information in time that a citizen is caught in crisis，So it is difficult to provide corresponding emergency assistance in time。So，Can really give effective assistance，Those who make the victim's life and health from being further damaged，Often is the ordinary public who is at the scene of the incident as soon as possible，Need ordinary citizens extend a helping hand，Supporting crisis and rescue。

　　Second, the theory of sharing of social risks.Faced with ubiquitous risks，No one can ensure that he will not encounter danger in his life。Everyone may be in a certain emergency or accidental risk，Everyone is a potential victim，Can become the weak of the situation。As a social person，It is impossible for anyone to live "not asking for people"，The more thin the social division of labor，The deeper people's dependence, the deeper the degree of mutual dependence。When encountering risks，We often need to rely on strangers to reach out to overcome difficulties。Today you extend your hand to save others，You are in trouble，May get a return like "Is there no clothes?"。Share social risks，Protect others who are trapped，To some extent，Also protect yourself。

　　Finally, the traditional virtue of law reshapes.General Secretary Xi Jinping pointed out，"Carrying moral concepts with the rule of law，Ethics has reliable institutional support "。When restructuring the socialist moral system，Law as an important social governance method，It is undoubtedly an important role that other social governance methods cannot replace。On the one hand，Because most legal norms originated from moral norms，The law was originally the most basic in morality、The most important content，Many legal norms are sublimated from morality。On the other hand，When correcting the behavior of correction and reshaping morality，Need to guide the typical behavior of Zang whether public opinion Zang or not，It also needs to be corrected by the behavior of the parties with the help of legal force、Confirm and strengthen。Obligation is the basic rules of the moral field，If a moral obligation is important to social order or security，It should be risen into legal obligations。Watch the sleeves when others encounter crisis，Not only does not meet the requirements of the construction of socialist spiritual civilization，also affects social stability。So，You need to use legal specifications to effectively correct this moral indifference。

　　Accurate Selecting the Legislative Mode of the Obligation of Danger Rescue

When legislative obligations of crisis and assistance，Mainly existing two claims of punishment and entering the people。Proposal those who are prisoners believe that the social harm that is not rescued is in line with criminal characteristics，The natural deterrent force of the criminal law is more effective for correctional misunderstanding，And foreign abroad has rich legislative experience to learn from。But in fact，The use of criminal law specifications should be a very cautious thing。Criminal Law has humility，I believe that unless it has the following elements，Otherwise, it is not possible to be sentenced to death if you see death: First, the social harm of the behavior is quite serious; the other is that the punishment of this behavior is inevitable。First of all, seeing death is not to prevent damage from negative behavior，Its social harm cannot be compared with the positive behavior of directly infringing on the personal behavior of others。Second, the so -called inevitable，It means that the legislators believe that if they do not use the strictest punishment means to sanction without saving the death，It is difficult to effectively maintain social order。From the perspective of regulating social life and maintaining social order，Criminal Law Protection means the final sex，Moral is the first choice，Civil Law、Laws other than criminal law such as administrative law，Finally is the Criminal Law。Only when other specifications cannot obtain the effect of sufficient protection of legal benefits，Only if the criminal law can be used to use the criminal law。other，In a stranger society，It is difficult to exist the psychological basis that actively cares bet365 best casino games about others，Seeing death and not saving the prison exceeds the agency of the public，It is easy to encounter the general psychological resistance of the masses。To sum up，Reasons for lack of sufficient death in seeing death。

Based on national conditions，In the process of adjusting the behavior of the parties，Compared to the criminal law as prohibited specifications，Civil Law specifications are based on empowerment and advocacy。The choice of the behavior of the actor's behavior should be impact，For moral reconstruction，It is undoubtedly a simpler、More effective ways，It is also easier to accept relatives for people。The main reason is: first，Dangerous rescue obligations legislation means moral legalization，and "Civil Law System is a legal system of moralization"，The moral elements of civil law gather，Many civil legal systems show public morality，The function of promoting fairness and justice。Dangerous rescue obligations as an important obligation to give the parties as the two major Dharma departments，It is the specific manifestation of the principle of public order and customs in the civil law system。The transformation of society，The degree of social risk deepening，Confirm in civil law to help the crisis to help the poor and the virtue and the significance of great significance。Second，The fundamental starting point of the obligation of crisis and assistance is to protect the health rights of the victims，So，Those who violate the obligations should bear liability for damage compensation，This is matched with the core purpose of modern civil law infringement law。Because of the purpose of applying the responsibility for illegal behavior，Different punishment of punishment from criminal law，Civil Law more focuses on making up for the damage suffered by the victim。third，To better satisfy the people's longing for a better life is a powerful motivation for the continuous improvement of my country's national governance capabilities，Civil law full of humanistic care always uses people as the starting point and end point of the system design，Civil Law strengthens bet365 Play online games the protection of personality rights with life and health as its core and primary content，It is undoubtedly providing an important institutional guarantee for the people to obtain a happy and beautiful life。Legal rescue obligations are clearly written to the "Civil Code" personality right editor is evidence，This also means a key step in the rescue obligation civil legislation。

　　Reasonably build a dangerous rescue obligation system

The setting of any obligation may cause loss of personal freedom。The negative obligation of "not hurt others" is the easiest to accept and fulfill it。Dangerous Rescue Obligation itself as an active as an obligation，It gives it to a certain extent to limit people's freedom of action，The setting of the obligation must be cautious，Must control the legitimacy boundary。In view of the general establishment of the obligation of crisis and assistance, it will cause the perpetrator to be dragged down by the overweight responsibility，thus affecting the enthusiasm of the actor's normal transactions and other social behaviors，and may hinder society's progress and development。So，Applicable conditions to strictly limit the obligation to rescue the rescue of crisis and assistance at the legislative technical level，"Gold Segmentation Point" for ensuring the health of others' lives and health and restrictions on individual freedom。Applicable conditions are manifested as: first，The actor knows the life of others subjectively、Healthy or body is in crisis。As the highest personality interest，Life authority should be protected by the rigorous law。When the body of others、Health is in crisis，If the actor is negligent in rescue，It may also endanger the lives of others。Second，The actor has no obligation to help others nor the agreed rescue obligation。Except for the agreed rescue obligation，Some laws、Regulations require specific institutions or personnel to have a rescue obligation to others，If the doctor is for the patient、Firefighters or policemen who are in dangerous citizens。The subject of the danger rescue obligations mentioned in this article does not include these people。third，The actor Bet365 lotto review has the ability to rescue and no danger for rescue。Everyone’s life is equivalent，The law cannot be difficult to be strong，Can't ask people to sacrifice their own personal interests to rescue others，can only be required to be able to rescue the actor in time。The theory of depression according to fruit prevention conditions，The direct reason for the consequences of damage is other acts or events，But if the actor knows that others are in crisis，There is a rescue ability and no danger to see if it is dangerous but not rescued，The actor's implementation of rescue can prevent the consequences of the damage.，Determine that there is a causal relationship between the consequences of no rescue and damage，constitutes an inaction responsibility for infringement。

Considering the urgency and risk of rescue behavior，In order to avoid the worries of the rescue person，Enhance its willingness to rescue，and damage to the rescue of the rescue in crisis and assistance，Simple use of infringement compensation liability is often difficult to cope with Zhouquan，Therefore, the diversified relief mechanism of rescuers should be established。First of all, it is dominated by civil relief。As long as the rescue of crisis is caused by the infringement of the third person，Regardless of the damage suffered by the rescue person is caused by the direct infringement of the third person，All third parties can be required to bear the infringement liability。Rescuers can request compensation for the rescuers to see the clauses of the courage in accordance with the civil law。But if the infringer or the rescuer purchase the corresponding liability insurance，The right of the rescue should directly request the right to pay for the preferential payment of insurance。Followed by administrative relief as the backing。If the behavior of the dangerous rescue is met with righteousness,，You can get local administrative compensation、Reward and other relief。In order to change the legislative standards of various places、The situation of the relief strength is different，It should be used through the national unified legislation bet365 Play online games as soon as possible，If the behavior of the dangerous rescue is met with righteousness,。Finally with social relief pocket。Gradually improve medical assistance covering the whole people、Social security projects such as work injury insurance and social preferential treatment，Establish a special public welfare fund。The above relief coordination and coordination，Form an overall joint force，Can provide rescuers with timely and effective guarantee。

　　(This article is the State Social Science Foundation Project "Difficulties in Civil Law and its response research" (16bfx155) phased achievement)

(Author Unit: School of Law, Fujian Normal University)