见义勇为立法述论

The Legislation On Behaving Righteously

见义勇为是中华民族的传统美德,但在新的形势下如何对见义勇为行为进行立法保护是一个热点问题。见义勇为行为分为救助行为与对侵权行为制止两类,对第一类见义勇为行为予以法律的保护均无异议,但对于第二类见义勇为行为则存在见义勇为造成新的损害赔偿问题和见义勇为行为合法性的问题,故对见义勇为行为应首先进行分类和定义,做到对见义勇为者的合法权利进行有效的保护,杜绝见义勇为行为的滥用,防止公众对公众权力救济信心的丧失和影响我国建设法治社会的进程。

Behaving righteously is Chinese traditional virtue. But how can we protect behaving righteously with legislation is a heat question at present. Behaving righteously can be classified into two kinds： One is the action of rescuing and the other is the restriction of tort. For the first kind, certainly it should be protected, For the second kind, there are two problems. one is the compensation of the damage because of behaving righteously. The other is whether the behaving righteously is legal . So we should first give the definition of behaving righteously and classify it. Thus we can protect the right of the one who behaves righteously and stop the abuse of behaving righteously and the lose of public＇s confidence to law that is caused by the abuse of behaving righteously. Thus we can go smoothly on the road of the lawful society.