"You didn't hit it, why do you have to help?”
No one could have imagined that this sentence would be oneJudgesWhat to say in court.
Year 2006, oneOld manAt a bus stop, he was hit by an unfamiliar vehicle and was injured, and there happened to be one at this timeLadwalked by the side of the road, and then helped the old man up.
Who would have thought that after the young man lifted the old man up and sent him to the hospital, he was actually taken by the old manAccusationsIt was he who knocked him down, and then sued the young manTribunals
Did this young man knock down the old man?What exactly happened then?How's that judge doing now?
The lad calledPeng Yu26 years oldYear 2006One day, he came to Nanjing Shuiximen SquareBus stopsBy bus.
At this time, Peng Yu saw a person lying on the side of the roadOld manHe saw that the old man's legs could no longer move, so he hurriedly stepped forward to help the old man up.
Peng Yu asked her:"Grandma, are you alright?”But the old woman ignored him and still lay on the ground.
The old man's name isXu Shoulan64 years oldThis morning, she was in a hurry to catch the bus, and she was walking too fast on the road, but when she was still 100 meters away from the bus stop, she was suddenly hit by a speeding vehicle behind her.
Xu Shoulan at that timeBackAs soon as it hurt, she fell directly to the ground, and when he looked up, he could no longer see the car that had knocked her down.
Xu Shoulan felt that Peng Yu might have knocked her down, just because of the weakness of the heart, he came back to help her.
Peng Yu saw that the old man did not speak, and said to the old man again:"Grandma, can I help you to the hospital?"”
Xu Shoulan felt a faint pain in her legs at the moment, so she slowly stood up with Peng Yu's support.
That's it, Peng YuSupportXu Shoulan went to the hospital and notified Xu Shoulan's son.
After arriving at the hospital, Peng Yu left Xu Shoulan because he was in a hurry to leave200 yuanmedical expenses, and then hurriedly left.
Originally, Peng Yu thought he had done a great deed, but he didn't expect to cause a ** annoyance to himself!
Two months later, Peng Yu suddenly received itCourtsAfter some inquiry, I found out that the old lady who had helped her at the beginning sued herself in court.
Xu Shoulan's leg was hit by the perpetratorFractures, joint replacement surgery, surgery alone is requiredTens of thousands of dollars, Xu Shoulan wanted Peng Yu to come up with this fee.
Because there was no camera at the place where Xu Shoulan fell at that time, which makes Peng YuThere is bitterness that cannot be spoken, they argued with each other in the police station, and in the end, the police station also failed to mediate, and could only go to court for a judge's decision.
26 April 2007, Peng Yu asked his wife ** to appear in court by himself because of something that day, and in court, Peng Yu's wife repeatedly statedWhy do good deeds need to be compensated。In the end, the judge awarded compensation for medical expenses13.60,000 yuan, Peng Yu's wife said on the spotNot convinced, requesting a retrial.
The second time, Peng Yu came to the scene in person, and the judge asked him:"What is your purpose in helping people?”Peng Yu replied helplessly"Do good deeds, do what is right. ”
After that, the judge said that:"You didn't hit it, why did you help?”
This sentence made Peng Yu and his wife alreadyThere is nothing to say, they can only accept their fate.
In the end, the court ruled that Peng Yu should bear 40% of the liability, which is about 450,000 yuan.
This case then aroused heated discussions among netizens across the country, and also caused great controversy and repercussions in the society at that time.
Some netizens said: ".This judge's words alone set this social culture back at least 50 years.
All netizens pushed Judge Wang Hao to it, this incident has undoubtedly caused a huge impact on Wang Hao's lifeStress
Now, it has been the Peng Yu case17 years, a reporter contactedWang HaoThe court where he was located learned that Wang Hao was killed by his superiors after that incidentTransferFinish.
Wang Hao was caused by that classic sentencePublic outrage, and in the end, he can only be transferred to one by his superiorsDistrict Judicial OfficeWork, this judicial office is in the alley of a community, and it may not be possible to find it if you don't look carefully.
Judge Wang Hao may not have the opportunity to return to court because of the pressure of Peng Yu's case, and to this day, there are still netizens who accuse himScolding
And thatMrs. Xu Shoulan, after the case is over, because I can't stand netizensInvectiveand neighbors'Sneering, the family moved to Nanjing, and there are rumors that Mrs. Xu is thereDied this yearFinish.
Peng Yu will be after the case is over4.50,000 yuan. The compensation was fully compensated, and then he found a new job, and in the past 17 years, I don't know if he has crossed this threshold.
In the Peng Yu case, there are three main aspects of controversy in the case:
1.Should Peng Yu be held legally responsible?
2.Does it constitute a crime for an elderly person to fall down and not help a passerby?
3.What should I do if I encounter porcelain?
1.Should Peng Yu be held legally responsible?
Where the perpetrator infringes upon the civil rights and interests of others and causes harm due to his fault, he shall bear tort liability.
Where it is presumed that the actor is at fault in accordance with provisions, and he cannot prove that he is not at fault, he shall bear tort liability.In this case, Peng Yu did not knock down the old man, according to this, he wasThere is no need to take any responsibility, but there was no monitoring equipment in that place at that time, and no people could prove that Peng Yu did not knock down the old man.
Therefore, the court presumed that Peng Yu was at fault based on the circumstances at the time, but he could not prove that he was not at faultTherefore, he was found to be partially liable.
If the damage is caused by a third party, the third party shall bear tort liability.If Peng Yu can find relevant evidence to prove that the old man's fall was caused by a third party, then Peng Yu or the old man has the right to apply for the third party to bear the liability for compensation.
2.Does it constitute a crime for an elderly person to fall down and not help a passerby?
Old man falls have become a controversial phenomenon in real life"Help or not" and "save or not".It has become a moral dilemma in the minds of many.
According to the core values of socialism, we should help the elderly when they fall, and at the same time, it will not constitute a crime.But if the old man is because of usown reasonsAnd if you fall, then we have someone to helpObligations, if not helped, it may be causedCrimes of omission
If the old man did not fall because of our own reasons, then in this case it is theoretically not related to us, it can not be helped, but it may be caused** Condemnation, so try to still help.
Of course, you can take photos or videos for evidence collection when helping to avoid encountering professionalism"Touching porcelain".
The rescuer is helping the injured and fallen elderlyCausing injury to oneself or injury to a third person, then it can be appropriately addressed to the beneficiary, that isThe old man who fellApply for compensation.
If the fallen elderly person needs emergency help, then the rescuer is thereIn case of emergencyRescue the elderly, and if the elderly are injured during the rescue process, rescue the personNot assumedAny civil liability.
3.What should I do if I encounter porcelain?
In recent years,"Touching porcelain".The phenomenon often appears in major ** news, "touching porcelain" is the perpetrator deliberately creating or fabricating the illusion of being victimized, and illegally obtaining property by fraud or extortion.
In the early days, the cost of "touching porcelain" was extremely low, so many "professional porcelain touchers" were born, and they specialized in passingSelf-inflicted injuries and intentional traffic accidents, taking advantage of others to deliberately violate traffic rules and other violations to blackmail victims.
Those who violate traffic rules can only obediently accept their fate and then come up with a huge amount of money because they are afraid of being punished by the law"Hush money".To those who touch porcelain.
In this case, if Peng Yu can prove that the old man deliberately "touched porcelain".Blackmail, then Peng Yu can gather the evidence, and then report the case quicklySafeguard their legitimate rights and interests in accordance with the lawThere is no need for us to delve into the truth of Peng Yu's case, only the parties are clear about the truth of the matter, and we have no right to evaluate.
Renowned legal scholarLuo XiangIt was once said:Don't encourage the culture of slander, protect the good guys, and punish the bad guys severelyand can not be allowed"The brave shed blood and tears".
Respecting the old and loving the young is the traditional virtue of the Chinese nation, and in life, if we meet the elderly and children who need help, we shouldIt is incumbent upon usReach out, and of course, when you reach out, keep the necessary evidence in case you need it!
In this regard, what kind of views do netizens have to share in the comment area!