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Urgent need to introduce good Samaritan laws

Author  :  Yu Shaoxiang     Source  :    Chinese Socal Sciences Today     2014-10-23

The term “good Samaritan” refers to a person who gives reasonable assistance to someone in distress. Good Samaritan laws, which offer legal protection to people who help others, aim to reduce bystanders' hesitation to assist for fear of being prosecuted for unintentional injury.
  
Protecting good Samaritans
Bystanders who gave assistance to others were not protected in Classical Anglo-American Law. More and more cases in which good Samaritans were not offered protection aroused widespread concern and reflection in society. The first good Samaritan law in the US was enacted in California in 1959. It exempted rescuers from civil liability at the beginning of legislation and later convicted those who saw someone in need and refused to help. Most good Samaritan laws do not apply to medical professionals' or career emergency responders' on-the-job conduct, but some extend protection to professional rescuers when they are voluntarily acting.

From the perspective of legal obligation, good Samaritan laws can be divided into two types. One stipulates it a civic duty to rescue victims if necessary. For example, in Quebec, Canada, citizens who don’t rescue others will be punished by law in the absence of risks and dangers. The other stresses the absolute responsibility of the government in an emergency, not encouraging citizens to spontaneously offer help. For example, citizens don’t have to risk curbing an ongoing criminal act, which is the obligation of the government and policemen. If they do, they will not be rewarded.

It is explicitly stipulated in some US states that not rescuing strangers in peril constitutes a crime. There are similar clauses in Italy, Belgium, Germany, France, the Netherlands and Finland, following the criminal code of Russia in 1845. Since the 20th century, penal codes concerning the crime of ignoring someone in need of help have gradually increased. After World War II, many European countries, some of them socialist, criminalized ignoring someone in need of help.

Rule of law for good Samaritans

China has not released nationwide legal norms concerning good Samaritans. Many people are unwilling to help others in distress due to a lack of legal protection. In reality, it is common for bystanders in China to ignore strangers in times of trouble.

The State Council has included good Samaritan regulations into its legislation plan. China’s good Samaritan regulations should include the following aspects by learning from foreign good Samaritan laws.
  
First, good Samaritans should be exempted from legal liability. It is unfair or unwise having people who provide assistance in an emergency bear responsibility. Protecting them from legal liability may dispel their misgivings and promote good social custom.

Second, an implementation mechanism for protecting good Samaritans must be ensured. The burden of proof should be placed on the person helped through legislation. Otherwise, he or she will bear the consequence of losing a lawsuit; Presumption in favor of rescuers should be made while verification can’t be performed; a quota of compensation is stipulated for rescuers who do have faults. They don’t have to compensate for total loss.

Third, adequate compensation should be offered to good Samaritans. Those who are helped should pay their rescuers for any physical harm or property loss. In many countries, compensation or rewards may come from special legal funds.

 

The author is an associate research fellow with the Institute of Law at the Chinese Academy of Social Sciences.

 

Translated by Yu Hui

 Revised by Tom Fearon

Editor: Chen Mirong

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