The declaration conditions and procedures for doing good deeds can be legally reflected by all individuals and organizations, and actors can apply for confirmation of doing good deeds. It takes procedures to declare a courageous act. Let's share the conditions and procedures for declaring a courageous act.
Be courageous 1 application conditions and application process I. Selection conditions
People who do not bear legal responsibilities and specific obligations stop the illegal and criminal acts being carried out or carry out emergency rescue, emergency rescue and disaster relief in order to protect national interests, public interests or the personal and property safety of others;
1, stop the ongoing illegal and criminal acts;
2. Transfer or assist the relevant authorities in arresting criminal suspects and fugitives;
3, rescue and protect the state, collective property or other people's lives and property;
4. Other outstanding deeds. You can submit an individual application to the relevant department.
Second, the approval process
1. In general, the civil affairs department shall conduct investigation and verification and make a written conclusion within 90 working days from the date of receiving the reflection or confirmation application from individuals or organizations on doing good deeds. Confirmed as courageous, make a confirmation conclusion; If it is not recognized as a courageous act, it shall make a conclusion that it is not recognized and explain the reasons.
2. The reason why 90 working days are stipulated is that on the one hand, considering the actual needs of investigation and verification, it is impossible for a period of time; On the other hand, considering the need to protect the rights and interests of the actor, if the time is too long, it is obviously not conducive to the protection of the rights and interests of the actor.
3. Sometimes the situation is special. For example, in criminal cases, it is difficult for civil affairs departments to judge whether an act is courageous, but they need to make a confirmation conclusion according to the decisions of public security or judicial organs such as procuratorates and courts.
4. At this time, it is difficult for the civil affairs department to make a confirmation conclusion within 90 working days from the date of receiving the situation report or confirming the application. Therefore, the "Implementation Measures" stipulates that in this case, the civil affairs department shall make a written conclusion within 30 working days from the date when the public security and judicial departments make a conclusion.
Third, the selection department:
You can apply to the Political and Legal Committee of the Provincial Party Committee, the Provincial Comprehensive Management Committee and the Provincial Courageous Foundation. Promote social integrity, encourage courageous behavior, mobilize the enthusiasm of the broad masses of people to participate in the comprehensive management of social security, promote social stability and public safety, and carry out the "Promotion of Integrity Award" to commend courageous deeds.
Declaration process of courageous behavior
Courageous behavior is an act of stopping illegal crimes and rescuing in order to protect the interests of the state and the collective and the personal and property safety of others, regardless of personal safety.
The public security and judicial administrative departments in the place where the courageous acts occurred are responsible for reporting the courageous acts of fighting against illegal and criminal acts within their respective jurisdictions and other courageous acts discovered by the police; Safety production, civil affairs, housing and urban and rural construction, transportation, forestry, water conservancy and other departments are responsible for the declaration, supervision and management of the courageous acts in the rescue of safety accidents and natural disasters within their respective jurisdictions.
Organs, organizations, enterprises, institutions and troops can declare the courageous acts of their own personnel, or they can ask the above-mentioned competent departments to declare according to the nature of the letter.
Individuals may request the above-mentioned departments to declare their own or others' courageous acts; If an individual requests to declare a courageous act, he shall provide a written application. Where an oral application is made, the accepting department shall put it on record.
Courageous acts shall be declared within 90 days from the date of occurrence. If it is necessary to declare on the basis of other conclusions, it shall be declared within 30 days from the date of making other conclusions.
Application conditions and procedures for doing good deeds 2 What are the conditions for applying for doing good deeds?
1, all individuals and organizations can reflect the situation of doing good deeds, and actors can apply for confirmation of doing good deeds. If the actor is unable to apply in person due to disability or other reasons, his spouse, parents, children, etc. You can apply on his behalf.
2, reflect the situation of courageous or apply for confirmation of courageous, shall be submitted within 30 working days from the date of occurrence.
3, reflect the situation or apply for confirmation, it shall be submitted to the district and county civil affairs departments where the behavior occurred. If the behavior occurs in more than two districts and counties, it may be submitted to the civil affairs department of any one of them.
4, reflect the situation or apply for confirmation, it shall provide relevant clues or proof materials, identified by the civil affairs department investigation.
How to define the act of being courageous?
According to the nature of the courageous behavior, it can be roughly divided into the following two aspects. One is to fight against all kinds of illegal and criminal acts, and the other is to rescue and provide disaster relief.
1, the legal definition of doing good deeds. Strictly speaking, in China's current laws and regulations, there is no clear definition of being brave, and only relevant content can be found in some local laws and regulations. Courageous behavior should refer to the courageous behavior without legal or agreed obligations in order to protect national interests, social public interests or the safety of others' lives and property, stop the illegal and criminal acts being carried out or rescue people.
2, the legal elements of courageous.
From a legal point of view, a courageous act requires at least the following four legal requirements.
1. The subject of courageous behavior is a natural person. The so-called natural person refers to the collective name of individual social citizens as opposed to legal persons. Because the courageous behavior is the behavior and action taken by the implementer according to the subjective judgment in an emergency, it has nothing to do with whether he is a person with full civil capacity, a person with limited civil capacity, a person with full political rights or a person deprived of political rights. Therefore, only by defining the perpetrator as a natural person can it conform to its legal characteristics.
Those brave people must carry out rescue in times of crisis. The so-called rescue in distress refers to all acts that the actor carries out to reduce losses or threats when the country, the collective, society, citizens' personal property and personal life safety are threatened, which in turn has corresponding consequences. This kind of behavior generally appears in dangerous situations and is accompanied by strong risks.
3. The actor has no legal obligations. The so-called legally agreed obligation means that there is a legally stipulated rescue responsibility between the actor and the object of rescue. If the actor's behavior objectively produces a rescue effect, but there is a legal agreement with the object of rescue, then this behavior cannot be regarded as a courageous act. That is to say, only when the actor's behavior exceeds the obligation stipulated by law or does not have the obligation of rescue stipulated by law can he become a righteous man.
4. Subjectively, the actor has the will to safeguard public interests or reduce public harm. In principle, the act of doing good requires that the actor must have the subjective will to safeguard public interests or reduce public harm, and the resulting act must have a sense of justice and meet the standards of doing good. Even if the actor's behavior objectively produces the above results, subjectively it is only to safeguard its own interests, so it cannot constitute a courageous act.
Declaration conditions and procedures for doing good 3 The legal characteristics of doing good mainly include:
1. The subject of doing good is a natural person who has no legal duties and obligations. A subject who has legal duties or obligations cannot be a courageous subject when performing legal duties or obligations.
2. The object of the protection of courageous acts is the interests of the state and the collective or the personal and property safety of others. The act of citizens fighting against illegal and criminal acts in order to protect the safety of life and property cannot be regarded as a courageous act.
3. The subjective aspect of being brave lies in being proactive, regardless of personal safety.
4. The objective aspect of being brave is to fight against harmful acts or natural disasters without hesitation when the interests of the state and the collective or the personal and property of others are infringed.
How does the latest law stipulate doing good deeds?
Article 184 of People's Republic of China (PRC) Civil Law (implemented since 202 1. 1. 1) does not bear civil liability. The salvor shall not bear civil liability if the salvor suffers damage due to voluntary emergency assistance. Article 15 of China's Regulations on Work-related Injury Insurance shall be deemed as a work-related injury if an employee has one of the following circumstances: (1) sudden illness or death within 48 hours after being rescued; (2) safeguarding national interests and public interests in emergency rescue and disaster relief activities; (3) An employee who was formerly in the army and was disabled due to war or business has obtained a revolutionary disabled soldier's certificate, and the old injury recurs after going to the employer. Employees who fall under the circumstances mentioned in Items (1) and (2) of the preceding paragraph shall enjoy the treatment of work-related injury insurance in accordance with the relevant provisions of these Regulations; In case of item (3) of the preceding paragraph, the employees shall enjoy the treatment of work-related injury insurance in addition to the one-time disability allowance in accordance with the relevant provisions of these regulations.