La regola del Buon Samaritano nel diritto cinese: una via tortuosa

This paper aims to analyze the effect of the Good Samaritan Law within the Chinese society context by examining the mindset of the people and the legal modifications and remedies accessible to Chinese people. It also explores within the Chinese legal system several critical aspects, from the historical progression, an historical excursus and the legislative perspectives in order to in implement challenges and societal impacts. The concept of the Good Samaritan law in the Chinese legal system has taken a tortuous path, with several dramatic consequences and effects on the society and a distortous perception of the duty of care at the basis of the tort liability principle. In fact, the Good Samaritan law in China, initially based on ethical values of aiding those in distress, serves to incentivize people to help during emergencies without the threat of legal consequences. This legislation plays a vital role in advancing public welfare and fostering social responsibility. However, the enforcement of this rule clashed with dramatic happenings known as Peng Yu case, and other cases which will be delved into, which show that more and more people behave indifferently for the fear of repercussion for their action and decision. This phenomena of hesitation and indifference underscores the importance of legal safeguards to mitigate hesitancy in offering aid out of fear of legal liabilities. The paper also analyzes the laws and legislation present today to give the picture of the confusion brought by a set of rules which is not formally codified as a separate statute, but rather is dispersed throughout various laws and regulations, making it challenging to pinpoint a specific legal framework. By analyzing specific case studies, such as the well-known Peng Yu case and interpretation of the rules by the judges in other cases, the dissertation demonstrates the practical application of the law, the resulting legal consequences, and their influence on public attitudes and conduct. Taking these developments into consideration and thorough analysis, the dissertation also seeks to bring out certain critical remarks that may help make to improve the law of Good Samaritan. Despite these challenges, China has made efforts to promote and encourage bystander intervention through initiatives such as the "Good Samaritan hotline" and public awareness campaigns. These efforts aim to reduce hesitation and fear among individuals who witness accidents or emergencies, and to empower them to take action without fear of legal repercussions. However, the legal landscape surrounding the Good Samaritan law in China remains complex and ambiguous. There is no clear guidance on the extent of legal protection for Good Samaritans, leading to reluctance among some individuals to render aid for fear of being sued or held responsible for any unintended consequences.