Highlights of draft rules on Civil Code's basic principles
Updated: 2016-06-28 16:06
Wang Feng is still not out of danger. Wang, 38, caught public attention after he was severely burnt during his attempts to rescue his neighbors out of an apartment fire on May 18, 2016. [Photo provided by his wife Pan Pin]
7. Interests of Good Samaritans to be protected
In recent years, there are many cases of good Samaritans being involved in disputes. When the good Samaritans are injured or their interests are hurt, who should shoulder the responsibility? Should the beneficiaries offer compensations?
Draft: If one person suffers damages in protecting the civil rights and interests of others, the infringers should take reasonability and the beneficiaries can offer some compensation properly. If there are no infringers, the infringers escaped or infringers are incapable of shouldering the responsibility, and the victims demand compensation, the beneficiaries should offer some compensation.
Interpretation: When good Samaritans suffer damages, the infringers take the responsibility and the beneficiaries should offer compensation if there are no infringers. It reflects the legal principle in taking emergency actions.
Sun Xianzhong, a law researcher with the Chinese Academy of Social Sciences, said the law offered good Samaritans the right to claim in the disputes.
Yin Tian, law professor of Peking University, said it was from the moral perspective for the draft to encourage the beneficiaries to offer some compensation.
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