英美法系侵权法上救助义务研究

Research on the Duty to Rescue of Tort Law in Common Law

英美法系关于一般救助义务的立场,经历了一个由完全拒绝到例外承认的缓慢演进过程。无论是近代还是现在,无救助义务规则在英美法系都是普遍存在的。无救助义务规则的例外情形,严格意义上来说,并非指美国几个州所制定的"坏撒玛利亚人法",而是指它们关于特殊关系理论的阐述与运用。与此同时,美国法中"好撒玛利亚人法"立法范式更是为后人所称赞。

Anglo-American law system has gradually changed their standpoint on the general duty to rescue from complete negation to exceptional acceptance, although in a very slow process. However in the past or now, no duty to rescue rule has always been existed in the Anglo-American law system. The exceptional case of no duty to rescue rule, strictly speaking, does not refer to all the states instituting Bad Samaritan Law, instead it refers to the their explanation and application of the theory of special relation. In the meanwhile, the legislation normal form of Good Samaritan Law in American law is highly praised by the later generation.