“好撒玛利亚人法”是英文Good Samaritan law的中文表达,其目的是保护见义勇为的人。
好撒玛利亚人法源于《新约圣经》“路加福音”中耶稣基督讲的寓言:一个犹太人被强盗打劫,受了重伤,躺在路边。有祭司和利未人路过但不闻不问。惟有一个撒玛利亚人路过,不顾教派隔阂善意照应他,还自己出钱把犹太人送进旅店。
耶稣时代,犹太人蔑视撒玛利亚人,认为他们是混血的异族人。撒玛利亚人在基利波山(距耶路撒冷以北约50公里)有自己的神殿。
耶稣用这个寓言说明,鉴别人的标准是人心而不是人的身份。犹太人自己的祭司和利未人虽然是神职人员但见死不救,仇敌却成了救命恩人。
《好撒玛利亚人法》源自“好撒玛利亚人”的故事,“好撒玛利亚人”指心地善良乐于助人的人,即没有法定义务也没有约定义务,仅仅出于内心的道德要求无偿对他人进行帮助的人。
美国联邦和各州的法律中都有相关的法律条款,有的叫《好撒玛利亚人法》,有的称《无偿施救者保护法》。好撒玛利亚人法(Good Samaritan law)是关于在紧急状态下,施救者因其无偿的救助行为,给被救助者造成某种损害时免除责任的法律条文。
《好撒玛利亚人法》对于陌生人对受伤者进行紧急医疗抢救中出现的失误,一般给与责任上的赦免,对于造成的伤害不需要付法律责任。这种情形必须是在紧急事件发生现场,而且这种救助是无偿的。
《好撒玛利亚人法》目的是重点保护医疗人员、警方、消防人员在紧急事件中,救助受伤人员时不必因抢救中出现的问题而承担民事责任,除非上述人员疏忽救助或是救助方式错误或是有意延误
附相关的英文释义:Good Samaritan laws offer legal protection to people who give reasonable assistance to those who are, or whom they believe to be injured, ill, in peril,[citation needed] or otherwise incapacitated. The protection is intended to reduce bystanders' hesitation to assist, for fear of being sued or prosecuted for unintentional injury or wrongful death. An example of such a law in common-law areas of Canada: a Good Samaritan doctrine is a legal principle that prevents a rescuer who has voluntarily helped a victim in distress from being successfully sued for wrongdoing. Its purpose is to keep people from being reluctant to help a stranger in need for fear of legal repercussions should they make some mistake in treatment. By contrast, a duty to rescue law requires people to offer assistance and holds those who fail to do so liable.
Good Samaritan laws may vary from jurisdiction to jurisdiction, as do their interactions with various other legal principles, such as consent, parental rights and the right to refuse treatment. Most such laws do not apply to medical professionals' or career emergency responders' on-the-job conduct, but some extend protection to professional rescuers when they are acting in a volunteer capacity.
The principles contained in Good Samaritan laws more typically operate in countries in which the foundation of the legal system is English common law, such as Australia. In many countries that use civil law as the foundation for their legal systems, the same legal effect is more typically achieved using a principle of duty to rescue.
Good Samaritan laws take their name from a parable found in the Bible, attributed to Jesus, commonly referred to as the Parable of the Good Samaritan which is contained in Luke 10:29–37. It recounts the aid given by a traveller from the area known as Samaria to another traveller of a conflicting religious and ethnic background who had been beaten and robbed by bandits.
英文来源:Wikipedia