The Role of Law in Addressing the Good Samaritan's Dilemma: A Chinese Model?

Asian Journal of Law and Society, 2014

Posted: 10 Nov 2014

See all articles by Man Yee Karen Lee

Man Yee Karen Lee

Department of Social Sciences, The Education University of Hong Kong

Date Written: November 7, 2014

Abstract

This article begins with an account of the contexts surrounding China’s “Good Samaritan’s Dilemma” — the fear of civil liabilities as a result of a rescue attempt. It highlights how a notorious hit-and-run case in 2011 has prompted several provinces to consider Good Samaritan law — legislation aimed at encouraging altruism. In light of diverse opinions over the pros and cons of Good Samaritan law, it considers whether law should have a role to play in shaping moral behaviours. On the basis that the law has been on the books for as long as over a century in much of the Western world and parts of East Asia, this article explores how overseas experience may provide insights to China in its adaptation of Good Samaritan law. It concludes that, in China’s case, a non-punitive regime that seeks to protect and compensate Good Samaritans may help encourage the proverbial Chinese bystanders to be altruistic neighbours.

Keywords: China, Good Samaritan law, Guanxi, Confucianism, civil society

Suggested Citation

Lee, Man Yee Karen, The Role of Law in Addressing the Good Samaritan's Dilemma: A Chinese Model? (November 7, 2014). Asian Journal of Law and Society, 2014, Available at SSRN: https://ssrn.com/abstract=2521240

Man Yee Karen Lee (Contact Author)

Department of Social Sciences, The Education University of Hong Kong ( email )

10 Lo Ping Road
Tai Po, N.T.
Hong Kong, HKSAR Nil
Hong Kong

HOME PAGE: http://https://oraas0.ied.edu.hk/rich/web/people_details.jsp?pid=160863

Do you have negative results from your research you’d like to share?

Paper statistics

Abstract Views
723
PlumX Metrics