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Legal Analysis: In the process of determining righteousness and courage, it is necessary to find the perpetrator's conduct in disregard for the safety of the individual's person and life for the public interest. Of course, there are many ways to interpret the standard of disregard for personal safety, as long as the perpetrator has carried out acts aimed at fighting against illegal and criminal acts or providing emergency rescue and disaster relief, regardless of the effect and extent of the act, it can be regarded as acting courageously.
Legal basis: Article 183 of the Civil Code of the People's Republic of China: Where the defense accompanies themselves are harmed by the protection of the civil rights and interests of others, the infringer bears civil liability, and the beneficiary may give appropriate compensation to the person who has benefited from the chain change.
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Legal analysis: At present, China's laws and regulations do not clearly stipulate the criteria for determining righteous and courageous acts. Acts of righteousness and courage refer to an individual's disregard for his or her own safety to protect the interests of the state or the collective and the safety of others' persons and property by fighting against illegal and criminal acts, or by means of emergency rescue, disaster relief, or rescue.
Legal basis: Civil Code of the People's Republic of China
Article 183: Where oneself is harmed by the protection of the civil rights and interests of others, the infringer bears civil liability for the buried section, and the beneficiary may give appropriate compensation for the slag. Where there is no infringer, the infringer has escaped, or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.
Article 184:Where harm is caused to the aid recipient as a result of voluntarily carrying out emergency assistance, the rescuer does not bear civil liability.
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The criteria for recognition of righteousness and courage are as follows:
1. Stopping the conduct of committing illegal and criminal acts is an act of righteousness and courage;
2. Assisting relevant organs in apprehending criminal suspects, pursuing fugitive criminals, and solving major criminal cases is an act of righteousness and courage;
3. In order to protect the national interest, collective interest, social public interest, or the personal and property safety of others, the act of rescuing people, rescuing people, and providing disaster relief is an act of righteousness and courage;
4. Other acts that should be confirmed as acts of righteousness and courage.
The constituent elements of righteous and courageous acts are as follows:
1. The subject of righteous and courageous acts is a natural person who does not have statutory duties or obligations, and the subject of statutory duties or obligations cannot become the subject of righteous and courageous acts when performing statutory duties or obligations;
2. The object of protection is the national or collective interests or the personal or property safety of others, and citizens' conduct in fighting against violations and crimes in order to protect their own lives and property safety cannot be found to be righteous and courageous;
3. The subjective aspect of righteousness and courage lies in being proactive and disregarding personal safety;
4. The objective aspect of righteous and courageous action is manifested in the act of fighting against harmful acts or natural disasters without hesitation when the interests of the state, the collective, or the person or property of others are being infringed upon.
Legal basisArticle 183 of the Civil Code of the People's Republic of China.
The act of righteousness and courage is included in the scope of adjustment of the civil law, and a system of acts of righteousness and courage in the civil law is established, and the right to claim damages and compensation for damages is given to the perpetrators of acts of righteousness and courage.
Where they suffer harm in order to protect the civil rights and interests of others, the infringer's office shall bear responsibility, and the beneficiary may give appropriate compensation. Where there is no infringer, the infringer has escaped, or is unable to bear responsibility, and the victim requests compensation, the beneficiary shall give appropriate compensation.
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Legal analysis: From a legal point of view, at least the following four legal elements are required to constitute an act of righteousness and courage: the subject of the act of righteousness and courage is a natural person.
Those who are brave and brave must carry out the act of rescue in distress. The perpetrator does not have the obligation stipulated by law. The actor subjectively has the will to preserve the public interest or reduce the public harm.
Legal basis: Article 183 of the Civil Code of the People's Republic of China: Where oneself is harmed by the protection of the civil rights and interests of others, the infringer shall bear civil liability, and the beneficiary may give appropriate compensation. Where there is no infringer, the infringer has escaped, or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.
Article 184:Where harm is caused to the aided person as a result of voluntarily carrying out emergency rescue acts, the rescuer does not bear civil liability.
To see the level of the certificate of courage (provincial, municipal, county, community), the level is too low to have much practical use, of course, it is useful, it is a kind of positive energy and honor; It is useless to say that most employers do not pay attention to it. When taking the civil service or public institution examination, it can be used as supporting materials, and it cannot be used as the basis for adding points. >>>More
Acts of righteousness and courage refer to the act of courageously fighting against ongoing violations and crimes or relieving emergencies or providing disaster relief in order to protect the interests of the state or the collective or the personal and property safety of others. There are two main types of acts of righteousness and courage: The first type is the act of fighting against lawbreakers and criminals. >>>More
Most of the people on the Internet are singing praises for the righteous and courageous behavior of the uncle, but there are also those who disagree with his approach, one is afraid that the offender will retaliate, the argument is that others may not do this behavior that can attract retaliation, and the other is that he is afraid that he will not sweep his foot well and kill people, and he will also be punished by the law.
The core of righteousness and courage is bravery, and to do bravely is to do something that is not easy to do, and it takes courage to do it, that is, things that ordinary people can't tolerate or have a low probability of success. When encountering special circumstances, first of all, you should not be impulsive, and you should think clearly about whether you have the ability to act bravely, and whether what you see is righteous. In most cases, the definition of righteousness and courage is not to rush to the injustice as we understand it, even if there are serious consequences, but to call the police and help others on the premise of protecting themselves. >>>More
It won't hold you in the game, but it will ask you to record your confession. As for medical insurance and rewards, it depends on the local ** policy, and the state does not seem to have issued a law in this regard.