The interpretation of the Supreme People's Court on Several Issues concerning the application of the general provisions of the civil code of the people's Republic of China (hereinafter referred to as the interpretation), which has been implemented since March 1, has refined the institutional rules such as courageous acts. It is stipulated that if the victim requests the beneficiary to make appropriate compensation in accordance with Article 183 of the civil code due to the damage caused to himself by protecting the civil rights and interests of others, the people's court may determine the amount of compensation borne by the beneficiary according to the losses suffered by the victim and the compensation received, the amount of benefits benefited by the beneficiary and its economic conditions. Courageous action is a traditional virtue of the Chinese nation. For a long time, all sectors of society have affirmed the courageous people, but in reality, the events of "Heroes bleeding and crying" occur from time to time, such as doctors saving people become defendants, boys jumping into a river to save people, but their mobile phones are stolen, drivers holding up and falling old people are wronged, and so on. These cases have hurt the hearts of those who have acted courageously, and also made many people worry about "roaring at the injustice of the road". In view of the possible damage to their own rights and interests in the process of courageous acts, Article 183 of the Civil Code stipulates that the beneficiary should give compensation, but it does not specify the scope of compensation. And compensation is different from compensation. It only makes up for and shares the consequences of the loss of the courageous. In practice, the judiciary can only grasp the appropriate degree of the amount of compensation according to its own understanding of the law and the principle of fair sharing, which will lead to wide disparities in the amount of compensation in different regions, and even the phenomenon of "peace and thin mud". The introduction of the "interpretation" has made more precise and detailed provisions on the appropriate amount of compensation from many aspects, which helps to solve the judicial practical problems of unclear compensation standards for courageous acts. The interpretation clarifies the distinct attitude of the judiciary on issues such as "help or not", "persuade or not", "pursue or not", "save or not", "do or not" and "ignore" and reflects the positive actions of the judiciary to carry forward the spirit of courageous action according to law. Justice is the last line of defense to maintain social fairness and justice. It is the meaning of a society ruled by law to build a strong wall to protect the rights and interests of the brave through accurate justice. It is believed that with the implementation of the interpretation, the good social trend of caring for and protecting the rights and interests of courageous people in the whole society will become stronger. (outlook new era)
Edit：Luo yu Responsible editor：Wang xiao jing
Source：Legal Daily
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