救助者权益保护的法律分析

A Legal Analysis of the Protection of the Rescuer' Legitimate Rights and Interests

我国法律对于救助者及其权益保护的规定存在立法空白、立法矛盾和立法漏洞等情况,导致现实生活中大量的救助行为无法通过法律进行有效的调整。构建救助者的概念,分析救助行为的构成要件,明确救助者的权利和义务,研究其法律权益的保护,可以建立健全救助者权益保护的法律制度,有效地保护救助者的合法权益不受损害。

There is legislative blankness, contradictions or loopholes in laws to protect the rescuers and their rights and interests, which makes it impossible for a great number of rescues to be effectively adjusted by law. Rescuers＇ lawful fights and interests can be effectively protected only by setting up a perfect law in which the concept of rescuer, constitutive requirements for his con- duct, and his rights and interests are clearly defined.