Yuqing Lin, Baohua Su

(Jinan University Law School)

Abstract：

The recognition of acts of bravery and righteousness is a prerequisite for providing diversified remedies for the damages suffered by the rescuer. The determination of acts of bravery and righteousness includes two specific issues: the constituent elements of the entity and the administrative determination procedure. The current basic legal system or special laws in our country lack provisions on the constituent elements and recognition procedures of acts of bravery and righteousness. Clarifying the constituent elements of civil law for acts of courage and righteousness, and improving the administrative recognition procedures, will help ensure that the administrative confirmation of acts of courage and righteousness complies with the principles of administrative legality. The perpetrator of acts of bravery and righteousness does not have a legal or agreed obligation to provide assistance in times of crisis, which is the form of the "righteousness" of acts of bravery and righteousness. The essence of the "righteousness" of acts of bravery and righteousness lies in the fact that the perpetrator carries out acts of distress and rescue for the national interest, social public interest, or the legitimate rights and interests of others. The "courage" of righteous acts mainly refers to the implementation of measures to prevent and stop illegal infringement or rescue, disaster relief, and rescue in emergency situations. The due process in the recognition of acts of bravery and righteousness is also an important issue of value judgment, mainly including the recognition institution, the nature of the recognition behavior, the level of recognition results, the specific procedures of recognition, the arrangement of burden of proof in the recognition work, and the application time limit.

Key Words：

bravery and righteousness, civil law constituent elements, administrative recognition procedure, value judgment problem