The morning of December 20 meeting of the national people's Congress Standing Committee review the draft General Civil Code three peer reviewers, members of the NPC Standing Committee has made, poorly defined in gross negligence, in real life, and propose the deletion of negligence leading to recipients the restriction of liability for damage, so good Samaritans no worries.
During the second trial in the General Civil Code, the draft, some members and attend the meeting of the Standing Committee of the national people's Congress proposed, aid to protect the civil rights of others, resulting in damage of recipients, the salvor shall be exempt from civil liability. This will help rectify social mores, assistance to the courageous people be encouraged and protected.
Therefore, in order to encourage and protect the good Samaritan Act, submitted to the national people's Congress Standing Committee 25th meeting consideration of the General Civil Code three peer reviewers of the draft new rules: implementation of bailout recipients to damages caused by acts, except for gross negligence, a salvor not bear civil responsibility.
According to this provision, Member of the national people's Congress Standing Committee Xu Zhenchao suggested deleting "Apart from gross negligence," the expression. In his view, should let people know that good Samaritans are duty-bound to do things, and not have to worry about this thing do to take responsibility for it.
"Seeing the old man dared fall to help? Help, can cause old injuries, rescuers had to bear civil liability. "Attending the meeting of the national people's Congress Fan Haitao also believes that not everyone can define or control what is called gross negligence. For example, he said, some people in common sense relief of acute onset of people, it may be because they do not know the condition of special damage caused recipients. Expert she won t be impeached Korea or the delayed
Members of the NPC environmental and resources protection Committee said Pu Changcheng, provisions may continue to weigh on the bailout. He pointed out that, in case of major natural disasters such as earthquakes, fires, many experienced and inexperienced people to rescue people in need of help, but they do not necessarily have the professional knowledge of rescue, legislation should further consider incorporating "not saved" and "fault" it sort out the relationship between the two.
"Good people or don't know too many people in legal disputes and details of, priority should be given encouragement and protection, which are the legislative branch must pay more attention to. "Attend the meeting as representative of the national people's Congress, Chen said, hoping" the good Samaritan "not very familiar with the law on general public more protection, particularly with respect to civil liability.
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