Renmin Chinese Law Review

Renmin Chinese Law Review

Selected Papers of The Jurist (法学家), Volume 2

Renmin Chinese Law Review: Selected Papers of The Jurist

Edited by Jichun Shi

Renmin Chinese Law Review, Volume 2 is the second work in a series of annual volumes on contemporary Chinese law, which bring together the work of recognised scholars from China, offering a window on current legal research in China.

Chapter 9: Civil law problems in brave act of righteousness

Wang Lei

Subjects: asian studies, asian law, law - academic, asian law

Extract

We often hear of cases of 'Heroic bloodshed and tears' and even 'No good deed goes unpunished'. These dictums encourage us to study how to promote morality (or moral actions) by law and let the rescuer remain untroubled. Jurists and ethicists both pay close attention to the brave act of righteousness. The brave act of righteousness is a topic that initiates 'enduring and philosophical interest'. This is also of great significance in the intersection of law and morality, in which we can also find the necessity of balancing interests and the variability of Gefälligkeit and the adjustment object of civil law. Jurists of every branch of law study the brave act of righteousness. This chapter focuses on the brave act of righteousness from civil law perspectives, which include the definition, the component and the legal character of the brave act of righteousness, the duty to rescue and the types and relative relief of damage that the rescuer suffers during a brave act of righteousness.

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