Traditional Culture Encyclopedia - Traditional festivals - What compensation does the state have for the death of a citizen who fought bravely and put out the fire?
What compensation does the state have for the death of a citizen who fought bravely and put out the fire?
Legal analysis
The subject of doing good deeds is a natural person without legal duties and obligations. A subject who has legal duties or obligations cannot be a courageous subject when performing legal duties or obligations. The objective aspect of doing a good job is to fight against harmful behaviors or natural disasters without hesitation when the interests of the state and the collective or the personal and property of others are infringed. It also refers to the fact that in order to protect the personal and property rights of others, stop all kinds of infringements and accidents, and protect the civil rights and interests of others, the courageous people must ask others to bear the responsibility, which includes the elements of subjective intention, that is, the fact that they have been hurt in order to protect the civil rights and interests of others, including personal injury and property damage. Protecting others' interests and carrying out courageous acts are related to personal injury. In addition, the applicable premise of being courageous should be that the courageous person has no statutory and agreed obligation to help the rescued person.
legal ground
People's Republic of China (PRC) Civil Code
Article 183 Where an infringer damages himself by defending the civil rights and interests of others, he shall bear civil liability and the beneficiary may give him appropriate compensation. If no infringer or infringer escapes or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.
Article 184 The salvor shall not bear civil liability if the voluntary emergency rescue causes damage to the salved person.
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