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Save Moral &Nbsp; Experts Call For The Establishment Of A Good Person Exemption Law.

2011/11/2 10:39:00 20

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Saving Morality Calls For The Establishment Of A Good Person Exemption Law.

Xiao Yue Yue incident triggered a hot discussion of experts calling for the provision of exemption from the good people

Not long ago, it happened in Foshan, Guangdong.

"Xiaoyue Yue incident"

When the two year old Xiao Yue Yue was hit by a car, the 18 people walked or bicycled past without stopping to rescue, causing social reflection.

In this regard, the Guangdong Provincial Social Work Committee has organized 3 seminars to discuss how to discuss this issue.

Carry forward

The spirit of acting righteously.

Many legal experts believe that the good hearted rescuers are falsely accused, and the hero "bleeds and tears", which has a negative effect on the society. This is also one of the reasons why some people want to do good deeds but dare not.

It is reported that this situation is not unique to China, and there has been more than one kind of help from other countries in the past.

case

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In this regard, many western countries have formulated relevant legal provisions for exemption from good intentions.

Many experts believe that it is necessary for China to make similar laws.

Does China need the "good person exemption law"?

Experts believe that it is necessary to establish the rules of "good people exemption" in the form of legislation so as to avoid the legal risks that may be suffered to the rescuers, thereby promoting the formation of good social atmosphere.

"At present, there is no special provision for the disregard of good intentions in our country."

Zhu Lieyu, director of the Guangdong Provincial People's Congress and director of the Guangdong Guo Ding law firm, said that a person may be responsible for saving people.

With such a thing, people will choose not to save people under the balance of interests.

"Now calling on China's" good person exemption law "is to make good hearted people do good deeds, no matter if there is any fault, so long as he is not intentional, he will not have to assume responsibility.

It is understood that similar "good people exemption clause" in the United States, Canada and many other countries have been collectively referred to as the "good Samaritan law".

The "good Samaritan law" generally stipulates that if the rescuer considers that the rescuer is the perpetrator, he must provide corresponding evidence to prove it. The accuser will bear the burden of proof. If the standard of proof can not be reached, the rescuer will not have to bear any legal liability.

How to intervene in the field of morality

Acting righteously, keeping watch and helping each other is a behavior dominated by human moral norms, reflecting the moral standard of human beings.

If the law is mixed in, does it have a negative impact on moral construction? Xiao Wenqi, director of Guangdong Guangdong law firm, said: "when morality is not able to effectively restrain certain social phenomena, it is necessary for the law to intervene in time."

In particular, the legal risks of good hearted people are considered necessary by experts.

"This is no precedent in western countries."

Zhu Lieyu introduced that in the United States, it is through a famous case to determine the legal rules of "good hearted people's exemption" to protect the good rescuers. In 2004, a young woman named Alexandra was in a car accident and was stuck in the car.

Another woman named Lisa rescued it, and Alexandra was paralyzed after the accident.

But in 2008, Alexandra sent Lisa who dragged her out of the car to court, claiming Lisa's negligence resulted in her paralysis, so Lisa was responsible for her paralysis.

In 2009, the California parliament passed the "good man exemption clause" with a voting ratio of 75 to 0. It announced that in a case similar to Lisa, a person who was injured by negligence in rescuing others should be saved.

Cai Zhenshun, professor and Dean of Guangdong University of Foreign Studies law school, believes that the court decision is also a guide to social morality. The court decision should promote social justice and conscience and promote the building of the country's civilization.

Is there really no way to help people?

However, some experts believe that even if there is no special "good person exemption clause", it is wrong to save people.

South China Normal University Professor, deputy director of the theoretical Department TAN Fang said, "from the case of supporting the elderly to be falsely accused, and other types of cases, we can see that it is often not impossible to comply with, but rather do not abide by the law, do not comply with the law, fair and just this last barrier has not kept, let the good person chill."

TAN Fang said, who advocates the proof, is the legal basic principle, "if you counter others hurt you, you should give the corresponding evidence; you can not give up, you should not support".

It is reported that the Shenzhen municipal government has included a similar "protection of human behavior Ordinance" into the 2011 annual legislative work plan.

Zhou Chengxin, director of the Shenzhen government's Legislative Affairs Office, told reporters: "we are now researching and drafting."

Zhou Chengxin introduced the three provisions to be enacted in the Ordinance: first, when someone is in danger or in an emergency, unless the person has significant or obvious fault or obvious intention, the person who helps others will not bear legal liability for the consequences of the help.

Two, if the salvor considers the injury to be a salvor, it must give full and sufficient responsibility, that is, the burden of proof is on the side of the person being rescued; otherwise, it will not be supported.

Three, if the rescued person takes a bite without proof, and finally proves that he falsely claims the rescuer, he should be punished.

Zhou Chengxin said frankly that there are still some different views on this Ordinance. If someone thinks that it should be legislating alone, some people think that it should be a clause to supplement the original act of courageous protection.

Others question whether Shenzhen has the relevant legislative power.

"At present, no consultation has been made yet, and the NPC has not been included in the legislative plan. It is estimated that it is unlikely to be introduced this year."