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见义勇为是中华民族几千年的传统美德,我国自古至今一直都有关于见义勇为行为的记载和理论论述。我国现有法律体系主要是地方性法规、规章对见义勇为者的权益保障做出了一些有效性规定,但尚无全国性统一立法。参照我国各地有关见义勇为者法律救济制度的规定,借鉴美国相关制度立法的经验,本文对我国见义勇为法律救济制度体系的完善提出了建议。另外,本文又论及了在保护见义勇为者合法权益的过程中见义勇为人所应为的义务以及笔者联想到的在建设具有中国特色的社会主义法治社会过程中德与法相护相融共促发展的辩证统一关系。
Righteousness and courage are the traditional virtues of the Chinese nation for thousands of years. Since ancient times, our country has always had records and theoretical discussions about the courageous acts of courage. The existing legal system in our country is mainly local laws and regulations, which have made some effective provisions on the protection of the rights and interests of those who are righteous and invalidity, but there is no unified national legislation. With reference to the provisions of the legal relief system for those who are righteous and intimidated throughout China, drawing lessons from the experience of the relevant legislation in the United States, this article puts forward suggestions on how to perfect the legal relief system of China. In addition, this article deals with the obligation of courageous people in the process of protecting the legitimate rights and interests of the righteous and brave, as well as the development of the integration of morality and law in promoting socialism with Chinese characteristics in the process of building a socialist legal society with Chinese characteristics. Dialectical unity.