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The old man fell down, help or not? The famous case China is Nanjing citizen Xu Shoulan lady at a bus station, knocked down according to the said resident Peng Yu was off, and Peng Yu called off to see the old man falls, so help to the next.In January 4, 2007, Xu will Peng Yu to court, in September 3rd, the judgment is the result of Peng Yu should pay 40% costs 40000 RMB 5876 yuan.Later there is a case in Chongqing, Nanping, a 80 year old man fell to the ground, tetany, no one dared to help, many people remind: don't help, help to suffer.The latest example is a young man called Li Kaiqiang is also facing the same old Mrs. Xu Shoulan case, and was sentenced to pay 79000 yuan of money.Of course, it is the "how" or good to help others, we not only listen to the witnesses, the parties excuse.
The last term spread network, called "touch porcelain"."If" as some people for nothing even with dirty framed to "not bad money" means, the news is the latest in Beijing, a 65 year old sun, perennial persist in Dongcheng District Beixinqiao at the northwest corner of the zebra crossing "pengci", a total of 9 years "touch porcelain" 341.Every private payments of at least 400 yuan, up 4400 yuan.The police finally see light suddenly, Grandpa sun?Now in police custody.
See old people fall to help the old man, from the moral behavior is the kind who practice, is advocated for a number of years to learn from Lei Feng to do good performance.Arguably, kind to help others is a virtue, but if the "how" to do more, the heart would become indifferent.When the help, not you do not want to lend a hand, but the people on the "old people" have a lingering fear, lest others sunset infinite good, but his method is near dusk.
In fact, kindly help finally accused thing in the American also occur, below we look at one of the most typical case.In 2004, on Halloween night, a young woman called Alexandra de car knocked down a roadside wire pole, the car smoke billowing smoke, is likely to explode, while Alexandra Deca is in the car can not move.Trailing her colleague Lisa following a car, she looked at quickly came to the rescue, stuck in the car Alexandra de out.Lisa said afterwards, at that time the car potentially explosive, so she just fling caution to the winds will Alexandra de out of the car.The paralyzed Alexandra de after the accident, wheelchair, and economic income is very limited.
In 2008 Alexandra de had dragged her out of the car's colleague Lisa to court, she said Lishala car excessive force, which leads to her paralysis, so Lisa will be responsible for her.The California district court does not accept the lawsuit, Alexandra De's lawyer has sent the case to the California Supreme court.In December 19, 2008, the California Supreme Court ruling in 4:3 through, Alexandra de Sue case court of Lisa can be accepted.
The decision of the Supreme Court of California caused uproar of society and public opinion, public opinion almost one-sided, not to punish those who do good, even well meaning people can make mistakes when helping others.At the same time, California's parliament also reacted with 75:0 in June 25, 2009, California's parliament voted by "well intentioned people exemption".The Act came into force in August 6, 2009, in the face of the new bill, Alexandra de can only cancel the Lisa accused.
There Chinese and America kind-hearted people to help others cases, is morally belong to want to care for others and give a helping hand to do everything in one's power within the scope of the problem.Like an old man fell to the ground, give him this is the most natural thing.The focus of debate Chinese cases is to help people who said he was helping people, and fall will say, she was to help those knocked down, it becomes that each word, but in fact it is a party the lie, the extended nature from the moral dimension to the legal level.America case both sides admit a fact, the injured person helped out of the car, contention is, this kind of help is caused by negligence by the aid of further damage, ethics and responsibility as the law of application.
In order to make the good people to help the virtues and behaviors of others this is protected, do good not only fall in trouble or in court America results, there is a law designed to protect people, this law is called the good Samaritan law.The good Samaritan law since the good Samaritan story, the good Samaritan refers to give sympathy for the suffering people of good, good samaritan.This man is not only no legal obligation nor contractual obligations but for moral requirements of inner free help or relief to others.In today's terms, the good Samaritan "living Lei feng.
Good Samaritan law is about the legal provisions of the rescue in a state of emergency because of their unpaid assistance behavior to be the rescuer caused some damage liability exemption, have the relevant legal provisions are America federal and state laws, some good Samaritan law, sometimes called free rescuer protection law.The good Samaritan law for the stranger to emergency medical rescue in the failure of the wounded, the general to the responsibility of the pardon, the damage does not need to pay the legal responsibility.This situation must be the incident in the event of an emergency rescue scene, but this is free.Good Samaritan law principle is the focus on the protection of medical personnel, police, fire fighters in the event of an emergency or accident, rescue the wounded in the process is not required because the rescue and the problems in the bear civil liability, unless the staff negligence aid or assistance shortage cavity plate or intentionally delays.
In American, if a man does not have a trained emergency special, in principle even in emergency situations require, is not easy to do.For if a man without an emergency training, the injured person has no legal obligation to do first aid.But some state laws, regulations, a person find someone injured, if not call 911, a slight negligence may constitute a crime.The general rule is, if a person is injured in the unconscious condition, without the person allows strangers can take some emergency mode.If a person is injured but still conscious, allow the stranger must be injured people in the rescue before.In some states American, if a stranger in the rescue the injured or sick injured severity of injury caused by the effect, still may be regarded as a slight negligence.
So in the USA even the good Samaritan law, public aid others in special circumstances, still need to pay attention to, can not think kindly help people not bear civil liability.A person in the help a wounded stranger, good Samaritan laws are rules its strict laws, while well intentioned people to help the injured, he in the law on the recipient of aid is reasonable and careful assistance responsibility.
As for the old man falls, the stranger to help the old man stood up, in order to avoid the "if" such things happen, the best in the help of ask each other need help, if they say do not need, it is best not to start.If you want to help the elderly, witnesses the best side.Here is the most crucial point is, people can not without good heart, but also to learn how to protect themselves.As happened like that each sticks to his argument Chinese case case, perhaps the most persuasive is to find witnesses at the scene or to see whether the surveillance camera footage.If not, it can only rely on the parties own conscience to answer the question.For the "if" people, the society to cope with the evil to be condemned, and in accordance with the law to deal with serious.