Recently, " play essence aunt " into " the net is red " : Two policemans give Anhui phoenix station alarm when the aunt trip that sees one is riding tricycle is in crossing, get off instantly go helping up! Doing not have the kin that thinks of aunts of two Queen of heaven to run to police station to say an aunt unexpectedly is by patron wagon run down! The policeman uses monitoring after card is blameless, has not the thing ended? Kin goes out after making one electrify word, say: "The aunt is to see those who fall down patron wagon is frightened! "The aunt is to see those who fall down patron wagon is frightened!!
(the picture comes from south the Huaihe River public security is online Guan Wei)
So, what property is the aunt's behavior? Is need lost why to plant responsibility?
We invited Shanghai to watch front courtyard to watch office of Cheng Lv division, watch Xue Wenlong of group of Cheng Lv division, ask him to make an analysis with respect to this second incident.
(one) incident analysis
From " record of Nanjing Peng world " after waiting for incident, people is in when seeing the weak needs deliverance, general meeting concern and consideration " help up do not help up? " " how to help up? " , " be done how by bluff? " wait for a problem. This case is very " strange flower, legend " , I saw experience case video already 380 click a quantity more, masses also is to have more to this matter critically, this second incident is involved be ready to help others for a just cause, the legal problem such as blackmail. In alarm Anhui is popular comment: "Still be frightened by patron wagon! You do not go up to the sky how! ! ! ~ "
Above all, analyse the property of aunt behavior. We can see from inside monitoring video, the aunt is he falls first fall down, after patron wagon stops later, two polices will drive after its uprear leave. The police has the law that protects people person and belongings security to define Wu, the behavior of two polices is praiseworthy. The aunt reachs the action of its relative follow-up, when the clue is slight, according to " public security management sanctions a method " , the person that can give bluff the person is detained with warning, amerce or administration; If the clue is sequential and abominable, serious OK according to " criminal law " investigate its criminal duty, be suspected of blame of bring a false charge against sb or blackmail blame.
(2) be on guard proposal
New carry out " civil code general principles " the 184th regulation, "Because carry out behavior of close urgent deliverance to cause of one's own accord,suffer those who aid a person to damage, deliverance person does not assume civil responsibility " . Active evidence regulation also set " who advocates, whose quote " legal principle. Accordingly, once deliverer by bring a false charge against sb, should hold to above all " holds whose quote " litigant principle, him person that wants blackmail good person takes out testimony. Below the case that cannot prove, cannot applicable and fair responsibility, and ought to maintain deliverer unaccountable. The masses is in when encountering similar incident:
1. is not eager to uprear, conditional when first the phone consults emergency treatment doctor, reentry travel is inchoate deal with, avoid 2 times to damage.
2. appropriate is happy to help a person, had done before deliverance obtain evidence, seek a third party help rescue them jointly, or the pertinent information of a third party, keep witness. Outside dividing testimony of a witness, still should film the record such as video, photograph, recording rescues them process, can serve as the testimony that defends rights and interests in the future.
3. holds to " holds whose quote " litigant principle, prove deliverer has enroach on action truly only, ability is carried duty. Reject to assume the responsibility from card innocence, the person that let be saved assumes quote unidentified bring about lose a lawsuit sequential.
4. rejects a court with " often manage " those who make is not rigorous and illative, cannot come in order to reconcile make concessions to avoid trouble, should appeal stoutly. Refuse good-tempered with forgive, let a false accuser be punished accordingly and must be condemned.
(3) the view that watch front courtyard is filled the word says
Happen repeatedly to our country " save a person to turn over by bring a false charge against sb " undesirable society phenomenon, blame of the first month of famous master of ceremonies writes on guest of Ceng Zaiji rich: "Ties of good-tempered may not goes kind-hearted flower " . To " save a person to turn over by person bring a false charge against sb " , although cannot because have by the risk of bring a false charge against sb we help another person no longer, but be punished accordingly and the false accuser must be condemned.
Actually, people is in social life, what basically abide by is ethic and legal provision, say from law historiography, have a plenty of ethic first, after the country appears, morality cannot satisfy the need of controller, just appeared law, moral coast, need more countries to guide, and the requirement that law is pair of people lowest limit, law most v&v compliment of the person that answer be apt to, right evil person penalize.
