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. Those who declare to be brave need to perform procedures. Let's share the conditions and procedures for declaring a courageous act.
Application conditions and application process of 1
People who do not bear legal responsibilities and specific obligations, in order to protect national interests, public interests or the personal and property safety of others, stop illegal and criminal acts being carried out or carry out emergency rescue and disaster relief;
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 your personal application to the relevant departments.
Second, the examination and approval procedures.
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 courageous, 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 or not, but 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" in recognition of 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, when illegal crimes, natural disasters and safety accidents occur.
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 found in the police situation; Supervision and management of production safety, civil affairs, housing and urban and rural construction, transportation, forestry, water conservancy and other departments are responsible for the declaration of 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 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 make a declaration based on other conclusions, it shall make a declaration 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 perpetrator 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 two or more counties, it can be raised with 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 crack down on 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 legitimate behavior of stopping the ongoing illegal and criminal acts or helping others in order to protect national interests, social public interests or the safety of others' lives and property without legal or agreed obligations.
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.
2. Courageous people must implement rescue in distress. The so-called distress rescue behavior refers to all behaviors that the actor carries out to reduce losses or threats when the country, the collective, society, citizens' personal property and citizens' 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. In other words, only when the actor's behavior exceeds the obligation stipulated by law or does not have the obligation of assistance stipulated by law can he become a righteous person.
4. Subjectively, the actor has the will to safeguard public interests or reduce public hazards. In principle, the behavior of doing good requires that the actor must have the subjective will to safeguard public interests or reduce public harm, and the resulting behavior must have a sense of justice to 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. The subject with legal duties or obligations can't 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 behavior of citizens fighting against illegal crimes in order to protect the safety of life and property cannot be regarded as a courageous act.
3. The subjective aspect of bravery 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 the Civil Code of People's Republic of China (PRC) (implemented since 202 1. 1) emergency rescuers shall not bear civil liability. The rescuer shall not bear civil liability for the damage caused to the aided person by voluntary emergency assistance. Article 15 of China's "Regulations on Work-related Injury Insurance" shall be regarded 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) Being injured in activities such as emergency rescue and disaster relief to safeguard national interests and public interests; (3) An employee who once served in the army and was disabled due to war or work has obtained a revolutionary disabled soldier's certificate, and his old injury recurs after going to the employing unit. Employees in the situations 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 the circumstance mentioned in 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.