关键词：见义勇为 无因管理 适当补偿 侵权责任
Righteous behavior has been advocated since time immemorial. However, nowadays righteous behavior requires protection and stipulation from civil law. As an advocated virtue righteous behavior should not conflict with the bottom line of law and should always be under protection of the law. Therefore, this study will start by looking at righteous behavior cases that took place in recent years and then it will turn to the task of analyzing righteous behavior in civil law.
This study includes the following five parts:
Firstly, by mainly comparing two cases that took place in different years and by summarizing some other judicial cases, this study will highlight problems related to righteous behavior, such as the various definitions for righteous behavior and explain that the law adjustment cannot be unified.
Secondly, this study will discuss legal interpretation and classification concerning righteous behavior. By summarizing local legislations and analyzing theories about the nature of righteous behavior, such as spontaneous agency theory, avoid infringement theory, self defense theory and act of rescue theory. I found a theory basis which supports the argument that righteous behavior could be part of emergency spontaneous agency and then I did further analysis. I will also analyze legal nexus between parties that are involved in righteous behavior, thus dividing righteous behavior into two categories: righteous behavior that has an infringer involved and righteous behavior that has no infringer involved.
Part three, consists of analyzing a situation where the righteous behavior volunteer is injured. A volunteer can request compensation from a beneficiary and infringer when he was injured by righteous behavior. When it turns to a beneficiary, based on cases, I will divide the judicial precedent of the volunteer's right to request into two categories: firstly, a volunteer requests that the beneficiary is to pay the actual loss based on the negotiorum gestio requirement that is described in article 93 in <> and article 132 in <>. Secondly, a volunteer may request that the beneficiary is to make an adequate compensation scheme based on the description from article 23 in <>, article 15 in <>, article 109 in <> and article 142 in <>. Meanwhile, I will analyze the relationship between the situation where a volunteer can request the infringer and the situation where a volunteer request the beneficiary.
In part four, I will analyze the responsibility to injury caused by a volunteer that launched righteous behavior. In order to take involved parties as classification criterion this part will respectively analyze injury caused to the beneficiary, to a innocent third party and to the infringer. When there is damage caused to the beneficiary, present emergency negotiorum gestio, when damage is caused to the innocent third party, consider a circumstance in which abandoning the right to request while the righteous behavior is taking place under danger caused by natural factor. While in the case of injury caused to the infringer consider whether there would be a possibility of self-defence to exist.
Part five, is to list and analyze regulations related to righteous behavior in China. This will be supported by both comparison and established legal cases. Finally, I will propose suggestions for legal applications to the civil laws that are related to righteous behavior with methods of law interpretation. When a volunteer causes injury, I will propose various suggestions respectively for judicial practices for three circumstances: Firstly, when a volunteer causes injury to an innocent third party, secondly when a volunteer causes injury to the infringer, and thirdly when a volunteer causes injury to the beneficiary. When a volunteer is injured because of the righteous behavior, I will analyze the volunteer's requirement to the beneficiary and infringer under circumstances that the infringer exists and circumstances that no infringer exists. Also, I will present that applying "adequate compensation" does not conflict when classifying righteous behavior to negotiorum gestio, so it is reasonable to include "necessary expenses for negotiorum gestio" while calculating credit of "adequate compensation".