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我国尚无关于见危救助义务的立法,从欧美国家的立法来看,对见危救助义务持有截然不同的态度。见危救助义务的法律化可以从三个方面得到论证:被救助人基于人权有权获得救助,救助人基于社群责任有义务提供救助,而基于以上两个前提救助义务的法律化并不存在重大理论障碍,也并非对个人自由的侵犯。
In our country, there is no legislation on the obligation of seeing and hearing aid. According to the legislation of Europe and the United States, it has a completely different attitude toward the obligation of seeing and hearing aid. The legalization of the emergency assistance obligation can be demonstrated from three aspects: the rescued person has the right to be rescued on the basis of human rights, the rescue worker has the obligation to provide rescues based on community responsibilities, and the legalization based on the above two conditions does not exist Major theoretical obstacles, nor is it a violation of individual freedom.