13,, foshan, guangdong two little girls jinfenshijia will be two cars NianGa has three times, and that in 7 minutes of 18 stranger it, until SheHuang aunt ChenXianMei after, will jinfenshijia will move away from the central town. Similarly, 17,, wuhan a 15-year-old student lift up a middle age women of sanya is hurt, was the injured refers to think that those responsible.
On one side is stranger nonchalance, one side is good intention was framed, today's society public moral conscience was again severe torture. How to avoid such moral tragedy to happen discount sunglasses again? How to ensure the good intention person to do good "zero risk"? For this, a lawyer, it is necessary to put the moral issue onto the legal responsibility.
In fact, in the us and European countries, all have a similar "die of sin" provisions. France 1994 revision of the criminal code France "have" fails to give aid sin "and specific provision is:" anyone who is in danger of the others, can take action, or individual can arouse the relief efforts, and wholesale nfl jerseys their I or the third person are not dangerous, and deliberately give up to give aid, place five years in prison and a fine of 500000 francs buckle."
Special words: JiangLin
Anyone who is in danger of the others, can individual action, or can arouse the relief efforts, and their I or the third person are not dangerous, and deliberately give up to give aid, in 5 years in prison and a fine buckle 500000 francs.
-the French penal code"
Find a stranger was hurt, if not dozen "911" phone, may constitute a slight negligence of sin.
-the United States some state law
Voluntary and not merit pay personal, don't have to rescue for negligence or not as the damage dealt assume responsibility.
--the heroic law, Ontario, Canada
Experts talk about law
"No sin"
Legislation should be cautious
Report from our correspondent (reporter JiangLin correspondent yellow love into) zhongshan university law school professor, guangdong provincial people's government adviser wang zhongxing: born think, according to China's current situation, "die" shoulds not be into sin. He thinks, small jinfenshijia will reflect events of more is a moral things, the law is "double-edged sword", set up a "no sin" should be more options.
Belong to the moral level
Wang zhongxing: born think, 18 passer-by die, should with moral condemnation, at least these see small jinfenshijia will the stranger should call 120 injury, or transferring them to the street side of the safety.
But he also stressed that the 18 stranger may be in condemning the possibility of not continue, it will be someone to defend them. Because their situation not just the same, some people may be have never see clear, don't know children were injured, some people doubt is an "bureau", worry will depend on your head things. Previous "peng yu events" has a big impact in the society, and people don't want to similar trouble in yourself happen.
Wang zhongxing: born says, in "die" this abroad has related laws, some countries called "refused to aid sin". But should notice, the convicted have very strict premise, such as to fully define rescuers and the relationship between the save, such as whether for relatives or lovers, etc.; And in the rescuers any damage and a series of premise, can set of sin.
May be wronged innocent people
Wang zhongxing: born said, legislation is a "double-edged sword", on the one hand, to fight crime, on the other hand may have wronged innocent people.
He said there should be "no" not individuals looking for reasons, just to give individuals punished, are being unfair. China appear "die", in fact is the lack of the social credit, as well as national related system and the lack of law. This bad phenomenon from a legal and moral level will be solved sooner or later.
Wang zhongxing: born think, China's current situation is not lawless, the most important is the existing law enforcement can depend on, at the same time, use for reference foreign law, a large number of similar case analysis, will the law more easy operation.
The United States
To meet a stranger were injured
Don't play "911" the neglect of sin
The United States has two legal requirements and encourage people is helpful, respectively is the rescue responsibility law "and" the good act.
The rescue responsibility law "regulation of special sponsors' responsibility, such as firefighters and emergency workers have a responsibility to aid the public support, each other between spouse relief, between parents and children of the rescue, and quite a number of states have this law extends to ordinary common people, anyone need to turn strangers to provide assistance.
"Good act of protection is helpers, if helpers in the help others cause accident harm, can avoid legal action.
Minnesota will "see are not save sin" in the criminal code, if in the scene and not give reasonable help, to crime. In vermont will also be a fine of $100.
In the United States, if a man does not have specially trained, in principle even meet the need emergency situation, also do not easily begin. Some state regulation, found that strangers were injured, if not dozen "911" phone, may constitute a slight negligence of sin.
American law requires adult must master the basic first aid before. Children's education is to a third of the children of the cognitive and avoid danger.
The United States has a special law "the good Samaritan method", it is the good quantity decides to do good, avoid its upper body into trouble. The good Samaritan intention for good intention, the heroic.
Although the good Samaritan law legal details in federal and state, there are all kinds of judicial changes, but some features are common: the victim of strangers for emergency medical rescue appeared in error, given the legal responsibility of forgiveness. This situation must be in emergency field, and the relief is free.
Europe
See death can save a premise
May not endanger the safety playing rescuer
Obligation to help the people who are in danger in recent years in France and Belgium trend, and expand to the height of the uniform of European law. Many countries in Europe, not legal responsibilities for the average person, "die" was really a kind of "crime and punishment".
France 1994 revision of the criminal code France "new" fails to give aid sin "and specific provision is:" anyone who is in danger of the others, can take action, or individual can arouse the relief efforts, and their I or the third person are not dangerous, and deliberately give up to give aid, place five years in prison and a fine of 500000 francs buckle."
In Europe's other countries, such as Germany, Norway, Sweden, Spain, Italy and other countries of the law and regulation, any ability of liability with the rescue of need adult legal obligations. "German penal code of article 323 of the c is a regulation," accident, public dangerous or difficult occurs, according to need help act the situation at that time, especially for emergency may have a significant risk and not against other important and obligations and not give first aid, place 1 year the following freedom penalty or a fine."
Note that in the state regulations "die of sin", without exception, all have very much the same fist restrictions: aid to others or a third person and there was no danger.
The law of "die" for the legal reproach Settings so that a "TianTiao law", and basic reason is that the law to equal protection principle is that the law can never force between each other not legal aid responsibility between the parties, to sacrifice a party to save the cost of safety is in danger of the other party.
Singapore
The rescued the defiled others
Need to "apology + compensation"
In Singapore, has never hesitated to borrow from the moral legalization increased to a citizen's basic legal obligations.
For heroic, Singapore is completely legal standing in protecting the rights and interests of playing rescuer position. The mechanism of punishment regulations, was never a helper if afterwards, it must make an apology to the rescuers door to door in person, and with the medical expenses I 1 to 3 times of punishment.
Bad behavior, the serious influence, the crime to slander. Since the implementation of the provisions, Singapore and had no similar things, citizens in implementation when heroic also cutting out concern and worries.
Most of the provinces of Canada provisions citizens have no obligation to provide emergency ShangBingZhe aid. But Quebec exception, "obligations act provisions citizens have the duty to provide emergency aid ShangBingZhe, offenders have legal responsibility.
Canada:
"Good Samaritan law"
Canada has a similar "good Samaritan method", but mainly is to belong to province judicial power, for example, Ontario, 2001 promulgated "heroic law has a regulation:" voluntary and not merit pay personal, don't have to rescue for negligence or not as the damage dealt bear the responsibility.
The law is formulated to reassure playing rescuer to worry about because of rescue them with a bad case of concern, to prevent they later become the defendant.
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