The Dilemma Facing the Immunity System for Civil Acts of Courage and the Countermeasures to Solve It

Abstract

In today’s society, there is less and less care and help among the public, and many negative cases of righteousness and courage are spread in the social media, leading the public to question the act of righteousness and courage, such as the “Zhao Yu case”, etc. Many righteous people help others with good intentions, but their legitimate rights and interests are not protected, resulting in the phenomenon of “the righteous and brave both bleed and shed tears” is extremely detrimental to the construction of socialist rule of law. In order to solve this problem, the Civil Code proposed a civil immunity system for courageous acts of righteousness, but in the implementation process is faced with unclear subjects, unclear responsibilities, operational problems, etc., need to be optimized and improved by clarifying the responsibilities of different subjects, standardizing the way of defining negligence, and reducing the obligation of proof for the courageous.