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对法的褒奖功能的认识应当得到重视,特别是对见义勇为行为的褒奖。法作为调整社会关系的工具,在文明时代不能只有处罚或制裁的功能。目前我国亟待建立的是对见义勇为的褒奖制度。从现实见义勇为行为的概念、构成要件以及我国各界对其法律性质的认识来看,目前我国相关权利保护的法律意识和立法都严重不足。其他国家都已逐步建立了见义勇为权利保护制度。未来,我国应单独立法,让见义勇为者事先看到其权利,以免他们流血又流泪。同时,在诉讼证据规则方面,应当更多规定对主动施救者有利的推定。特殊保护他们,即是对生命高于财产索赔的抉择,也是尊重被救者的根本利益。
Recognition of the functions of the proclamation of law deserves attention, especially praise for the courageous and courageous act. As a tool to adjust social relations, law can not only have the function of punishment or sanctions in the era of civilization. At present, China urgently needs to establish a system of compliments on courageous and courageous. Judging from the concept of reality courageous acts, elements of constitution and the understanding of the legal nature of all walks of life in our country, there is a serious lack of legal consciousness and legislation in the protection of related rights in our country at present. Other countries have gradually established a system of protection of courageous rights. In the future, our country should make its own legislation so that those who are courageous and in vain will see their rights in advance so as to prevent them from shedding blood and tears. In the meantime, there should be more provisions on pro-lifebuilders’ presumptions as to the rules of evidence in litigation. Special protection of them, that is, life is higher than the choice of property claims, but also respect the fundamental interests of the rescued.