There was once a sentence in the court that caused heated discussions and deep reflection across the country. It was a court decision that gave rise to reflections on social responsibility, legal interpretation, and human nature. This event has a profound impact on every Chinese, especially our perception of social morality and justice.
Summary of the case
In 2006, a young man named Peng Yu in Nanjing saw an elderly man fall on the side of the road, and immediately stepped forward to help him up and take him to the hospital. However, to his surprise, the old man accused him of knocking him down and took him to court for this. This incident is the famous "Peng Yu case".
The focus of the controversy
There are three main aspects of controversy in Peng Yu's case: whether Peng Yu should bear legal responsibility? Does it constitute a crime for an elderly person to fall down and not help a passerby? What should I do if I encounter a porcelain touch?
Explain the law with cases
1. Should Peng Yu be held legally liable?
According to the relevant provisions of the Civil Code, if the actor infringes on the civil rights and interests of others and causes damage due to his fault, he shall bear tort liability. In this case, there is no conclusive evidence that Peng Yu knocked down the old man, so from a legal point of view, he is not liable. However, since there was no evidence such as surveillance footage at that time, the court could only presume that Peng Yu was at fault based on the circumstances at the time, and therefore ruled that he should bear part of the liability for compensation.
2. Does it constitute a crime for an elderly person to fall down and not help a passerby?
According to the provisions of the Civil Code, we should be helped when we encounter an elderly person falling, and it will not constitute a crime. However, if the elderly person falls down without help due to their own reasons, it may result in a crime of omission. Therefore, we should reach out when we encounter elderly people in need. Of course, when helping, you can take photos or videos to collect evidence to avoid encountering professional "porcelain".
3. What should I do if I encounter porcelain bumps?
"Touching porcelain" is an illegal act, and if you encounter such a situation, you should promptly report to the police and keep relevant evidence, such as surveillance footage, witness testimony, etc. Then, give this evidence to the police for processing. According to the relevant provisions of the Criminal Law, fraud, extortion and other acts are illegal, and if the person who touches porcelain is suspected of committing a crime, he should be severely punished in accordance with the law.
epilogue
Although many years have passed since the Peng Yu case, its enlightenment and impact on our society have always existed. We should respect the law, but at the same time, we should be moral and moral. When we encounter someone in need, we should reach out and protect ourselves at the same time. We should resolutely resist and punish those who violate the law and morality. Let us work together to build a more harmonious and just society.