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's moral damage caused by, people are hurt can not afford . "hit or not hit Description accident occurred two versions November 23, 2010 at noon, Zhejiang Jinhua Wu Jundong drove his father's three motorcycle back from the Temple Town Wucheng Tang Ping Village. Way, he Shaoshang the same way back to the village Daixu Qing. According to Wu Jundong described in his way back to the village, he saw in front of an electric bike in the right lane, the car sat an elderly couple, they honked the horn,[link widoczny dla zalogowanych], front electric bicycle initiative to the right to rely on, Wu Jundong overtaking, two vehicle rendezvous, the "there are about half a meter apart." After overtaking the front is a piece of uphill, Wu Jundong see oncoming a fast black car, stepped on the brakes. At this time, the rear came a scream. Wu Jundong looked back, and that the elderly couple riding a bike fell to the ground. Wu Jundong stopped the car and wanted to help, but Daixu Qing remind him: "we can not get across them, you do many things." Wu Jundong not listen to advice, parking Qufu elderly. "You drove how so careless Are you knocked down a." Old lady insisted that Wu Jundong causing his two falls, and this battle so that just 20 years old Wu Jundong blindsided, undecided, he pulled out phone call to his father for help. "I was acting in good faith, parked the car in the past asked the case, did not expect them to bite me one that I hit them before they make their scraping fell to the ground and I was shocked, then respond, however, to call my father. "Wujun Dong said. Traffic police department provided the transcripts show to his father Wuxiu Zhi Wu Jundong then call this: "I made a phone call to my father, said 'Dad, I have an accident, you come here'." Soon, Wuxiu Zhi arrived on the scene and the police immediately. Subsequently, Wu Xiuzhi the fall of the old couple rushed to the hospital, and "good intentions" advanced hospital charges 1,000 yuan. The old man driving an electric car does not agree Wujun Dong Hu Qiming description. He recalls, at noon that day, he was riding bike carrying his wife wearing Cong ball soup wells along Township Line to Shenfan lane on the right direction, I heard honking behind me, put the bike right by. Subsequently, a three-wheeled motorcycle from the left to overtake. In this process, three motorcycles have been squeezed to the right, the ball hit the left knee wearing Cong, three compartments on the right motorcycle electric bike also blew the left rear-view mirror, causing loss of balance bike overturned on the ground . Hu Qiming shouted, three motorcycles came to a halt. After three motorcyclists will help the old couple to the curb, called in their father. "At the time that were the young man on the phone and his father said, 'Dad, I hit people, you come'." Hu Qiming said. Hu Qiming's family said: "If it is not hit him, and would be so kind to help us " Hu Qiming's son, said the car hit the mother is Wu Jundong thigh, so only the injured to the hospital, but later found the medical fees are too high to deny, rather than Wujun Dong said to lend to them. "If he is really good, we had a chance to thank He is not doing the right thing to the hospital,[link widoczny dla zalogowanych], ask the doctor how much, the doctor said to be four or five million, they would not admit the." Police said the cause of the accident can not prove when overtaking Wu Jundong Daixu Qing was sitting in the car. According to her, three motorcycles traveling some distance, she heard someone shouting behind, only to find an elderly couple fell on the roadside. "I had to remind him (Wu Jundong - Reporters Note) Do not interfere, he did not listen." Daixu Qing said, "I sat in the car, the car did not feel a little bump." Incident, Wucheng soup Town villagers wearing tin and was driving a truck through, away from the scene of more than 100 meters away. "I saw three motorcycles overtaking from the left side of electric bicycles, electric bicycles from side to side of the two, and then the car they fell to the ground." Wearing tin and said. After the incident the next day, two elderly family members to ask for 70,000 yuan Wu Jundong home, but was Wu refused. December 29, 2010, Jinhua City Public Security Bureau Traffic Police Detachment Third Brigade directly under the certificate issued by accident: that Wu Jundong driving three-wheeled motorcycle without driving beyond Hu Qiming electric bicycle brands in the process, whether the collision, Guaceng to none Grades electric bicycle and electric bicycle crew could not be confirmed, because the existing evidence does not prove cause of the incident, accident liability can not be identified. Jinhua City Traffic Police Brigade chief Chen Huilie directly under the three said traces from the vehicle, and did not see the two vehicles collided obvious scratches, so make proof of accident liability can not be identified. Evidence Identification Jinhua City Public Security Bureau issued by the "Vehicle Inspection traces submissions," finds that "the applicant (Wu Jundong) driving three-wheeled motorcycle and the respondent Hu Qiming driving electric cars no obvious corresponding collision scratch etc. Traces. "Hu Qiming that the traffic police department that" responsibility for the accident can not be identified, "but does not mean" no responsibility "and" no apparent three-wheeled motorcycle and electric vehicle collisions corresponding scratch marks, etc. "This is because the Wu Jundong drive a vehicle with his wife, Hu Qiming Cong ball wearing leather leg collision is contact with iron, traces of the car is certainly not obvious. Wujun Dong said that in the traffic police department issued proof of the accident, the injured family had once again come to ask for reparation and compensation dropped to 20,000 yuan. Wujun Dong's father Wuxiu Zhi rejected, Wuxiu Zhi said: "If my son hit a man, that of losing my one minute do not owe." Court "high probability" fixed Wujun Dong Qi Cheng responsibility in March this year, Hu Qiming, Dai Cong ball to Jinhua Wucheng court said: November 23, 2010, Wu Jundong driving three-wheeled motorcycle in front of traveling the same direction beyond Hu Qiming electric bicycle driving course, rubs to sit in the back seat of a bike wearing Cong ball, Hu Qiming electric bicycle driving causing upset. Requirements Wu Jundong compensation for medical expenses, care, lost income, disability compensation, payments, follow-up treatment fees totaling 8.2 million yuan. June 3, 2011, Jinhua City People's Court of First Instance found: Wu Jundong in the process of driving a vehicle beyond the plaintiff did not honk, in the process of overtaking a vehicle with the plaintiff lateral distance of 40 to 50 cm, which is not in the process of moving responsibility to make safe driving, should bear the main responsibility for the accident; plaintiff Hu Qiming driving an electric bicycle violation of road traffic safety law is equipped with an adult, should bear secondary responsibility for the accident, comprehensive degree of fault of both sides, the defendant Wu Jundong plaintiff bears the accident loss 70% of the total of 69,602.4 yuan. "Hear the verdict was shocked!" Wujun Dong said,[link widoczny dla zalogowanych], "before thinking about it and what does not, there is no sentence down, and even lawyers did not ask." Wu Jundong right verdict against, and to Jinhua City Intermediate People's Court of Appeal. Appeals opinion that "there is no evidence that this was a bilateral traffic, as the traffic police departments have come to the 'three motorcycle electric vehicles beyond the process, whether the collision, rubs to no grades electric bicycles and electric bike crew could not confirm 'conclusions, but the trial verdict ultra vires jump off, forced to apply traffic law, error of law. "In addition, the appellate opinions specifically mentioned:" the trial verdict outrageous and undermined China's traditional morality,[link widoczny dla zalogowanych], as capricious and arbitrary enrich the theme. injury occurs when the priority is to treat the wounded, regardless of whether Wu Jundong rubs to electric bicycles, morally speaking Wu Jundong should treat the wounded, do not let the 20-year-old Wu Jundong unconscionable to leave the scene, receive moral punishment do "and appellee Hu Qiming and Dai Cong Ball argues:" After the accident, Wu Jundong first time on the phone to tell his father Wuxiu Zhi a traffic accident, traffic accidents have occurred Wu Jundong its admission The. alarm, two traffic police to the scene such as the appellant is not being used motorcycle accident three defendants sent two to the hospital, rescue two appellants as two appellee advance of 1,000 yuan. Wujun Dong was Although only 20 years old,[link widoczny dla zalogowanych], but its original soup Town police station Police Association, handling accidents are experienced. "defended the comments submitted by the parties and the evidence, Jinhua City Intermediate People's Court after investigation found that" the facts found in the original judgment, no horn on overtaking Wu Jundong Identification with the facts, not identified. "August 30,[link widoczny dla zalogowanych], 2011, Jinhua City Intermediate People's Court made a final judgment upheld. CFA believes that "Wu Jundong driving three-wheeled motorcycle beyond Hu Qiming electric bicycle in the process, its speed faster, because Wu Jundong did not notice right before passing to the black car driving fast, causing Wu Jundong sense danger, caution proved Wujun Dong failed to fulfill its driving duty of care. Though traffic police failed to confirm whether the two vehicles collided or virtually scratch, but at the time the accident scene analysis, and a high degree of probability based on civil principles of justice, can be identified with Wujun Dong Hu Qiming electric bicycle driving three rollovers motorcycle negligence causal relationship between overtaking Press 3:7 ratio share responsibility not inappropriate. "public interest lawyers:" case is small but influential "If compensation can not be scheduled execution decree, just last April In the local town police station to find a job Wu Jundong Police Association may be dismissed Wujun Dong's sister for her brother's lawsuit also resigned from the original work, Wuxiu Zhi is, said: "This case allows a 4 full lost 80 pounds . " As a result of wearing tin and witnesses also feel very upset, "Wu Jundong father feeling is what I say, then depriving them sued, Hu Qiming also came to me, saying that this compensation not even come back to find me." This year in September, Wujun Dong's sister in "China good network" on the message, and called the contact phone number on the page to request assistance. November 28 morning, the founder of the site, led by renowned scholars Tan Fang Zhu Yongping lawyer who headed the five public interest lawyers group arrived in Jinhua, Wu Jundong subjected to legal aid. In the morning, Wu Jundong good network with Chinese public interest lawyers group signed agency agreement, apply to Jinhua Municipal People's Procuratorate protest sent to the Zhejiang Provincial High Court petition for retrial. "Although this case is a small civil disputes, but will China's social values and ethics have far-reaching negative impact." Zhu Yongping said. Some people wonder if Wujun Dong did not hit two elderly people, the reason why they are sent to the hospital also advance medical expenses In this regard, Zhu Yongping that just because the two elderly people were injured after the Wu Jundong advance of 1,000 yuan for medical expenses, it is considered Wujun Dong offender. Wu Jundong also explained that: "Money is not my post, when the ambulance came, went with my father,[link widoczny dla zalogowanych], and I went to the traffic police team taking note, for what has happened to me my dad did not find out about." In Zhu Yongping opinion: "the traffic police department and the Public Security Bureau issued two key evidence was not adopted, the impact of the decision of this case, this two most direct evidence of the case, the original evidence has been really full, but only two of court admissible two plaintiffs' statements and the only witness testimony, misuse high degree of probability, the violation of civil evidence rules require. "Zhu Yongping that" the present case does not exist for high degree of probability rule's conditions. "And Jinhua City Intermediate People's Court to the reporter's interview reply to respond, said: "Although the police team on the case issued an accident accidents conclusions can not be identified, but the traffic police team in the consolidated statement of Wujun Dong, the victim's statements as well as on-site inspection situation, Wu Jundong bear corresponding civil liability has reached the height of Civil Evidence Probability standards. "two injured elderly lawyer Zhu Shengping that with Xu Yunhe case and other cases of injuries caused by a third person is different, Wu Jundong case of the elderly falls because Wu Jundong overtaking behavior causes, this essential difference between . In Zhu Shengping said, according to Wu Jundong the transcripts in the traffic police department can draw the following conclusions: Wu Jundong repeatedly overtaking, speed fast, overtaking cars during two small spacing, when to have to deal with the case of car Wujun Dong inappropriate measures, overtaking car shaking time and Hu Qiming coincide ...... "all of the above combined into a chain of evidence and conclusions, and in accordance with the daily rule of thumb, that there is overtaking Wujun Dong, Hu Qiming, Dai Cong ball consequences of the damage, a causal relationship between the two." . "To say the least, even if the car did not hit me Wujun Dong party, overtaking the elderly was due to fright and fall, Wu Jundong still have to take responsibility." Zhu Shengping said. Newspaper Zhejiang Jinhua December 7 Power Glossary high degree of probability April 1, 2002 from the implementation of "Supreme Court on Civil Evidence provides that" Article 73 states: "The parties cite the same facts were contrary evidence, but do not have enough basis for denying the other evidence, the court should be combined circumstances of the case, one judge whether the strength of the evidence provided significantly greater than the strength of the evidence provided the other party, and the probative force of the evidence larger recognized. because strength of the evidence can not determine the cause is difficult to identify the facts in dispute, the people's court shall, in accordance with the rules of allocation of the burden of proof and render a decision. "which is about the" high probability "standard of proof requirements. This stems from the theory of civil litigation generally accepted idea: no way to find evidence of a judge shall not be refused on the grounds referee. Judge should do is within the period specified in the procedural law, according to the evidence already collected finds facts of the dispute, rather than unlimited investigation, to extend the period of preparation for judgment. Expert analysis of attitudes and social background case should be separated from "the Wu Jundong a case, Jinhua City Intermediate People's Court can promptly respond to media questions, worthy of recognition." This afternoon, the China Youth Daily reporter, Tsinghua University Law School Professor Cheng Xiao Jinhua Youngman Wu Jundong propped against the elderly fall was sentenced to nearly 70,000 yuan compensation for the events to make the above review. After the incident, Jinhua City Intermediate People's Court's questions via e-mail to respond to the media, explaining the basis for making judgments 4:00: including Wu Jundong I made in the police department's first inquiry transcripts,[link widoczny dla zalogowanych], eyewitness testimony Daimou, two victims Hu Qiming, wearing a ball Cong statements, as well as the traffic police department on-site inspection of the transcripts and photographs. In Cheng Xiao opinion, it would be more beneficial to eliminate suspicion and rumors, to avoid repeated the baseless assertion. "This case does not involve state secrets, commercial secrets and personal privacy, public judgment is more conducive to an interpretation service contracting." Cheng Xiao said, "in the" PRC Civil Procedure Law Amendment (Draft) ", there are also on improving Judgment Documents relevant provisions of the open system. "Previously, the public interest lawyers group members Wujun Dong Zhu Yongping said:" The traffic police department and the Public Security Bureau issued two key evidence was not adopted, the impact of the decision of this case. " In Cheng Xiao opinion, this case easily overlooked one detail is that Wu Jundong driving three-wheeled motorcycle belonging to motor vehicles, Hu Qiming couple driving electric bicycles are non-motor vehicle. "According to" Road Traffic Safety Law "Article 76 provides that motor vehicle traffic accidents tort liability assumed for 'no-fault liability', Wu Jundong should bear the corresponding liability, unless the loss of traffic accidents by non-motor vehicle drivers deliberately caused. "Cheng Xiao said. "Road Traffic Safety Law" Article 76 provides that "the motor vehicle and non-motor vehicle drivers, pedestrians traffic accident occurs between the motor vehicle shall be liable; however, there is evidence of non-motor vehicle drivers, pedestrians violation of road traffic safety laws, regulations, vehicle driver who has taken the necessary measures to deal with, and reduce motor vehicle shall responsibility. "Cheng Xiao told reporters, in these circumstances, finds no fault motor vehicle drivers have to bear the responsibility for the premise that the machine EMU driver's improper driving behavior and traffic accidents between "causal relationship", "but this does not mean that the causal relationship between the vehicle and the victim have a physical impact on." "Sometimes, a motor vehicle accident victims may not have a direct impact, but there will be persecuted on the victim, such as fierce a dozen rounds, forced the victim produces a sense." Cheng Xiao said. In Cheng Xiao opinion, Jinhua City, two court judgments are more relevant and persuasive. "In Wujun Dong, the defendant and the plaintiff Hu Qiming Wu Jundong couple against the plaintiff in the fall after overtaking the same facts were cited evidence to the contrary, but are not enough to deny the other evidence, therefore, according to the" Supreme Civil Evidence provides that "Article 73, the Court requires a combination of an overall consideration of the merits." He also explained that the legal distinction between facts and natural facts exist in nature can not be restored after overtaking facts in the case, it must be strictly accordance with the appropriate rules of evidence for the referee. In addition to the case occurred in Jinhua Wu Jundong outside, Cangnan in Zhejiang, Shandong Weifang and other places, there are similar incidents. In Cangnan, two employees of a restaurant when he saw an old lady fall to the ground, quickly stepped forward to rescue, but since then the elderly after she died, and the family suspected "Mao Erni." Fortunately, the police involved in the investigation in a timely manner, but also the couple's innocence. Cangnan Town Police Station Director Yang told reporters, because there is no evidence to conclude that the police can not start a rescue of two young to the elderly is not the perpetrators. On the third day after the incident, the perpetrators surrendered to the traffic police team, the case was clear, "the suspect is still in the stage of Detention." In Weifang, Lee met Song Granny riding fall, but the arm came to court to claim compensation. Weifang Cravens District People's Court rejected the claims of Granny Song, Lee is not liable. Cravens District People's Court Civil Court of Korea President told reporters that "the plaintiff is no evidence, we do not support her claims, but we have not found Lee is doing good. Evaluation cases to objectively look at, we believe, do not infer the plaintiff first is correct, because the defendant is likely to be hit by the plaintiff,[link widoczny dla zalogowanych], the plaintiff is no evidence, we can not support her. "In Cheng Xiao opinion, a hot topic related cases the cause is largely as before," Xiao Yue Yue incident "and other social morals constantly challenged by the relevant social background. "This will be particularly sensitive to the public, but also may lead to think, but when analyzing the case, or should be separated from the case itself and the social context." He said. Cheng Xiao believes that as rational beings, can not be subject to prior cases and the impact of public opinion, and the formation of a tendency to judge the event. He said that from the point of view these cases occurred recently, the fair rule of law, stability and clarity is very important. "The law should not only encourage good deeds, but also punish evil, so that good people doing good time without fear of being framed, the bad guys do bad things will understand that he will surely be punished." Cheng Xiao said. Beijing, December 7 electric mechanism to force people to make good people do worry March 5 this year, the South China Normal University, Professor Tan Fang of China in 2008 to create good network "good fund" set up a "risk elderly arm Fund "special sub-fund. Selected in the "learning from Lei Feng Day" the day of establishment of the Fund's purpose is very clear: the courage to fall for the elderly but was wronged helped provide free counseling and legal assistance, when necessary, to provide economic assistance to resolve the elderly because of the arm brought lawsuits and compensation risk. So far, "helped the elderly Risk Fund" received a total donation of more than 20 million. Helped a total of 50 people, a few hundred dollars a low, high tens of thousands. The fund was established for the purpose of the courage he was wronged by the arm to help the elderly, but this case is often uncompromising, difficult to distinguish the parties in the end is framed well-wishers, or the real perpetrators. In this regard, Tan Fang said, after receiving help people apply for public interest lawyers based on their investigation, the court's investigative materials and media coverage judgment and screening, if the parties are unable to prove, it can not be determined, it will choose to apply by direct assistance. "We are now ready for the Wu Jundong 70,000 yuan, if the judiciary remained on Wu Jundong judgment, we will pay all damages Wujun Dong, never let good deeds Wu Jundong bear the risk of doing good." Tan Fang said. For this, some people worry that this may make the perpetrators knocked the elderly accounted for cheap,[link widoczny dla zalogowanych], but Tan Fang thinks, "This is not a purely judicial issue, but a social effect problems, and we are more worried about being wronged because the arm for the elderly The adverse impact on society, the elderly fall if someone helped create a good atmosphere, spend time and money is worth. "Tan Fang said, to say the least, if the person really knocked the elderly, the elderly arm again but it is indeed very difficult, "helped the elderly risk fund" will be discretionary funding. "At least he did not run away, that he is still the moral bottom line. And also good for the elderly, at least after the fall man help up better than lying on the ground not in possession, and even loss of life is much better." over recent years due to frequent rescue claims cases are a lot of people lamenting good difficult. When heated online debate this phenomenon is said to Peking University Vice-Chancellor passage special red, "If you are Beida, you will see the old man fell down Qufu. If he falsely you, Peking University law to provide you with legal aid , if unsuccessful, the Beijing University of compensation for you! "This passage is called" backing the body. " Tan Fang suggested, should establish strong safeguards and courageous rescue mechanism, by the appropriate agencies or organizations for those as courageous, helpfulness injured, maimed or even sacrifice, or is framed blackmail people to come forward to resolve the risk, only so as to allow a person who wants to do good safely to be good. In the operation, "helped the elderly risk fund", the Tan side exposed to a lot of "good guys have been wronged," the case, he believes that there are many problems core to tangle in disregard "who advocate who burden of proof" principle of justice, "a lot of police officers, judges are required to be accused of 'perpetrators' salvage accident he did not come up with evidence that they actually wrong object, in accordance with the 'who advocate who proof' principle, the alleged 'perpetrators' and no burden of proof. "China good lawyer Zhu Yongping net public interest lawyers group that can be seen from the Wu Jundong case, the Supreme Court should regulate civil trial judge's discretion. Commentator Li Li Yan is also the author pointed out that the recent series of cases strung view,[link widoczny dla zalogowanych], there is a similarity: improper judicial decisions, or even unfair. Once the power of the judiciary release justice, rescue the fate of those who may be rewritten, helping injured people will not fall on the judicial front. Tan Fang believes should rigorously pursue those who are good relief but framed the responsibility of extortion good, "Let those who lost the most basic moral bottom line of people to pay more dearly, so courageous, helpfulness' risk is greatly reduced, away from the cold, there would be more and more people. "In this regard, Zhu Yongping said, many provinces have enacted regulations reward courageous, base method requires only reward, restriction of personal freedom can not be forced, for the behavior of framed blackmail rescuer it is not possible punishment. Countries need to develop a courageous method, the lazy rescue, relief and courage to act falsely accused of blackmail rescuer storage inside. Scholar Xue-Wei Liu also believes that "as long as the consideration to be as comprehensive, timely introduction of a law to encourage courageous, and actively play a great role, will not have any side effects." "As much as possible to let the rescuer may exempt from the rescue zone to various risks, for those courageous enough to give spiritual and material security and reward. "Meanwhile," only the most rudimentary relief not do anything, before you can be convicted, and the penalties are not too heavy, so France is not responsible for the public . "Xue-Wei Liu said. Abroad "good law" for the protection of free salvation Disclaimer acts of helping others in society, so that good people doing good things will not get into trouble or when taken to court, the federal government and the states have enacted laws in terms of security-related . They are in an emergency, in order to free its bailout rescuers to conduct some kind of damage caused by rescuers from liability laws. The main purpose is to make laws through courageous persons exempt in certain cases, the responsibility to encourage courageous. Canada, some provincial law, the rescue act on ordinary negligence does not bear responsibility for the damage. "Quebec Charter of Human Rights," states: "Anyone who must rescue a person in danger by personally or contact emergency rescue organization for people in danger to provide the necessary first aid, rescue procedures that will cause any injury to themselves or a third party or except for reasons other legally recognized. "In addition," the Canadian Aviation "also provides that if a person owns the aircraft, rescue signal is received or discovered, it must be flying immediately flew to the scene to implement the rescue. Neglecting the criminal law will punish France, when others in danger and does not provide the necessary assistance, could be sentenced to six years in prison and a fine equivalent to 700,000 yuan. German Penal Code Section 323 c provides that: "an accident, public danger or in need of help when trouble occurs, the perpetrator was under emergency circumstances may, in particular, no significant danger to myself and do not violate other important obligations without aid , a fine of one year or less free sentence or a fine. "Italian criminal law, for neglecting punishable by up to one year imprisonment or a fine equivalent to 22,600 yuan. "The Italian Highway Law" stipulates that a traffic accident, the driver must immediately stop on the highway on the implementation of the necessary rescue injured or notify the police, so that if there is no obligation to perform rescue injured aggravated the injury or death, then suspended his license for one to three years, and given criminal penalties. "Blamed" the law will be fined in Singapore fully protected rescuers standing interest in the position. Punishment mechanism provides donors Should be blamed afterwards, either personally come to the rescuer apology, and to impose his own medical expenses 1-3 times the punishment. Bad influence behavior seriously,[link widoczny dla zalogowanych], places slander offenses. The reporter Tian Lei finishing country
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