| runaway hit and killed quickly on his pursuers, the responsible?
xiandaikuaibaoquanmei· 2017-12-05 23:30:45
" Modern Express /ZAKER commentator. Cashmere
recently, Mr. Zhu received Tangshan City sent a notice of the respondent court ". A year ago, he saw a motorcycle crash, of which one of the motorcyclists escaped. Mr. Zhu immediately drove up. I did not expect the two people to go to a railway one after another, and Zhang was killed by a train at the rail.
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Zhang son insisted that it is because of Mr. Zhu's chase, leading to their father had died, and Mr. Zhu court, put forward a total of 600 thousand yuan compensation claims.
for Mr. Zhu, this is tantamount to unexpected trouble. When the first time of the incident, the first time to alarm and catch up the runaway, this is a warm heart reaction, who can foresee the other party will be hit by the train? From the point of view of public order, it is illegal to escape from the scene of a traffic accident. Mr. Zhu's pursuit of escapes can be regarded as a brave one. It was only in this process that there was an accident that everyone would not want to see.
how much responsibility will Mr. Zhu take, of course, to wait for the court's decision. However, the general rule of the people's Republic of China, which was passed in March this year, may give us some inspiration. A major change brought forth by the general principles of the civil law is the provision of damage to the recipients caused by the voluntary implementation of the emergency assistance act, and the salvor does not bear civil liability. This is to protect the enthusiasm of the people to be righteous and to avoid the worries of the brave.
, of course, there is still room for discussion in the adaptation of the specific law. Although the spirit advocated by the general principles of the civil law is positive and accords with social ethics, in real life, it can not be one size fits all, but also involves complicated and changeable concrete situations.
, for example, a doctor in Henan told an old man not to smoke in the elevator of the district. The two sides had an argument. Then the old man died of heart disease. Later, the family members of the old man sent Dr. Yang to court for compensation for more than 40 yuan. The court of first instance, the elderly Doctor Yang's death and there is no causal relationship, but because of the death of the elderly is happening on both sides after the dispute, according to the principle of fairness, the discretion of Yang Huan 15 thousand yuan compensation to the families of the elderly.
is 15 thousand yuan, not because Dr. Yang is responsible for the death of the old man. If he is responsible, he will not pay 15 thousand yuan only -- it is a humanitarian compensation for the comfort of his family members in good faith. In this way, the responsibility is cleared up in the jurisprudence, and the kindness is transmitted in the human condition, which can be said to take into account the legal principle of the people.
Zhu's case of course are very different, but with the case, our society is not a perfect world full of goodwill, everyone mutual, still have the indifference and hostility, courageous is not too much, but too little. In this case, can the whole society be more encouraged and more tolerant to the hot hearted people? "Do not let the good people bleed and weep", not just talk about it, it needs the support of concrete facts. (the author is a senior commentator on television media)
(editor Liu Wei)