Media: tiger wounding in the case of mother rescue difficult "courageous"

The law does not have any involvement in the relief obligation of relatives
A trip to the fate of the accident to travel, so that Badaling wild zoo and the tiger's mouth out of the crime of Ms. Zhao had a dispute, each other repeatedly appeared in the various types of media. The latest news is that the families of the parties have sued the Badaling wild zoo, to claim 155.7 million yuan. Ms. Zhao believes that in the Badaling wild zoo is not effective rescue situation, no statutory relief obligations of the mother to rescue, its nature should be courageous, Badaling wild zoo should bear all the mother's death compensation. As the previous few "contest", the network comment on Ms. Zhao's negative evaluation of the majority, especially the "mother to save their children are courageous" point of view attracted a lot of irony. In any case, to resort to the court, to clarify the truth, is not a bad thing, the parties intend to get through the litigation to think that they should get the economic compensation, is its legal rights, and the final outcome how to wait for the court to check. Perhaps more worthy of attention is outside the case: whether the relief between relatives is courageous. As the traditional virtues of being promoted and promoted, the general impression of giving courage is the help and relief of strangers, whose core spiritual value is the practice of altruism beyond the interests of self-interest, even if it is dangerous There is a danger of life. "Courageous" title is proud of the moral commendation, of course, in reality to encourage such selfless behavior, the state and society will provide some material praise. In this regard, the relief between relatives can easily be regarded as the maintenance of common interests, and thus difficult to become people's minds "courageous", the reality of all kinds of courageous advanced elements of the deeds also proved this point. The general understanding of the society, from the legal point of view, although there is no such as "relatives in a dangerous situation with mutual support obligations," the express provision, but from the legal principles, legislative intent is not difficult to judge, relatives, especially between relatives Beyond the stranger's assistance and assistance obligations, this orientation in the civil law, marriage law and other laws and regulations are reflected, such as civil capacity or limited civil capacity of the guardian by the spouse, parents, adult children, other close relatives , Other close relatives, friends and so on. "Light to light", loss or partial loss of civil capacity ability and obligation to help, let alone in the face of life and death risk. Therefore, it is not appropriate to say that the law does not have any involvement in the family's relief obligations, and further, the relief between relatives should be difficult to constitute courageous. There is a need to focus on the details of the courageous identification of the main body is not the people's court. In this case, the parties in the news come up with "courageous" argument, perhaps as evidence of support in order to achieve the claims of the zoo. But it ignores some elements, such as "courageous" is not a clear legal concept, similar and some associated legal system design is "legitimate defense" and "emergency hedge", the original intention of the two mainly to reduce or prevent Defenders or emergency hedges of the legal liability, and courageous is to praise the courageous who praise. Different starting points, may lead to different consequences, if the legitimate defense and emergency hedge, the beneficiary is to make compensation within the scope of benefit, which obviously includes the biggest beneficiaries themselves. If time can be reversed, I believe that the mother of the parties will still hesitate to get off, out of the maternal love is great, can not use the law to measure, nor "courageous" can carry. Regardless of the outcome of the proceedings, want the parties to this page can be turned over as soon as possible, and we must bear in mind with the crowd, respect for the rules is the essence of life is to protect the life. The following are the same as the "


117843000:2017-04-05 17:34:40