November 8, 2009 evening in downtown Guangzhou, an elderly heart attack a day on the bridge and fell to the ground. Onlookers public is hardly a helping hand. More than half an hour later, an "unknown truth" of foreigners come to the rescue for the elderly Fu footbridge, and asked passers-by calling 120 phone; could eventually killed the elderly because of the rescue measures proved ineffectual.
** Is an old encounter this situation. **
February 22, 2009, a 75-year-old old man in the next customs area of Nanjing Sanchahe bus station and get off when the bus fell down the back door Pabuqilai, not stepped forward to rescue the passengers behind him, the old man shouted: "Yes I am his fall, they need not worry. ", then came up only dare to rescue his passengers. [12]
June 2, 2009, a seven-ten days old down the street in Nanjing Pukou District, members of the public square on the ground Jiangpu, froth at the mouth could not move, but within 20 minutes, surrounded by a circle of people surrounded by no one lend a helping hand. Finally, urban management and team members shouted to Xiao Zhao was taken to hospital in an ambulance for emergency treatment. [13]
Can that old Mrs Xu is a murderer? Of course not, otherwise, "contrary to ** ** and reasonable."
The so-called "inconsistent with the reasonable," is September 5, 2007 Peng Yu, Nanjing Drum Tower District Court ruling in the case of first instance made by the wording used in.
"Ruling that" PENG consider themselves, which is the first person off from a common sense analysis, he collided with the woman the possibility of relatively large, "and determine" if the defendant is doing the right thing, according to social reasoning, in the old his wife's family arrived, its entirely possible the facts and let the old woman's family after she was taken to a hospital, and then leave on your own. but PENG not made these choices, his behavior is clearly inconsistent with the reasonable. " On the case concluded that "the present case, the accident occurred when the old lady in the car during the collision can not be predicted with PENG; the same time, PENG Yu-off process in the field of vision is limited because it can not accurately judge vehicle around the back door situation, so for the accident, PENG, and the old lady not have a fault. "" This case should be based on the principle of fairness and reasonable allocation of loss, the Court the discretion of the defendant compensate the plaintiff the loss of 40% is more appropriate. the defendant PENG entry into force of this decision within 10 days of a one-time payment of the plaintiff 45,876 yuan; 1870 yuan's legal costs borne by the old lady in 1170 yuan, 700 yuan ruled PENG PENG commitment to compensate for the loss of 40% of the plaintiff, that is 45,876 yuan, 10 days pay. "
That year in November, the case "by the Jiangsu provincial party secretary Li Yuanchao personally supervise the matter a final reconciliation," say "let the matter rest." However, the impact has not disappeared, therefore the case of reconciliation, on the contrary, far-reaching and long-term impact.
This case the most criticism in addition to extensive use of the judges in determining the "common sense presumption", it is more because people can be the same as "common sense presumption" and the key question:
"At that time PENG transcripts to the police station, ask for the time when the police station, said long-time transcripts lost, but the left was taken with the phone transcripts of pictures. When I found photos PENG Exif information display pictures did not come from the police station director of my cell phone, the director had to admit that the pictures were a police officer's son, Xu Granny offer. (Jiangsu TV City Channel, "Party B" program)
Granny I am sure that Xu did not want to create such a huge impact - "Under the common sense presumption", it is estimated that she is only trying to get some compensation. What is the result of reconciliation has never been mentioned in public, but it does not matter whether she had been compensated, while the so-called old people across the country one after another so "paid the price."
Xu Granny is not the murderer? The station director of perjury is not the murderer?