The truth of Peng Yu's case: Peng Yu admitted to colliding with the parties

Recently, a video circulated on the Internet: a woman in Zhumadian, Henan Province, was knocked to the ground by a taxi when she crossed the road on the sidewalk, and for two minutes, despite the traffic and traffic on the road, no one stopped to help her until an off-road vehicle crushed her twice. After the video spread, many people in the message area attributed the indifference of the crowd to the court's wrong judgment on Peng Yu's case 10 years ago. It is conceivable that the consequences of not imposing penalties for those who distort the facts of the case are serious and far-reaching. In the future, people will continue to be indifferent, and the same tragedy will continue to be played out.

Who is the one who leads the psychology of ''can't help'?

Carefully analyzing the responsibility for the peng yu incident, Peng Yu is certainly hateful, he obviously bumped into people but pretended to be wronged, and distorted the facts to create public opinion, and the consequences caused by this are directly undermining social order.

But the first instance judge and the court of second instance, as well as this respected and muddy mediation system, have also indirectly undermined the social order.

First of all, the judge of first instance violated the principle of who advocates who to prove, who can apply the rule of thumb free-minded evidence in the absence of legal provisions or the evidence presented by both parties, self-righteously uses so-called experience to verify the facts of the case without free-minded evidence, realizes the justice of the result by sacrificing procedural justice, sacrifices the interests of society to achieve the interests of the individual, and makes the social behavior of helping others lose the sense of security. It should be noted that the justice of the procedure, the rules of proof and certification are set up to protect the majority of people from being innocently wronged, and in this case, the rules are violated, although it may safeguard the rights and interests of a party, it may create chaos in social order, and then have a greater destructive effect on society.

Lookout Weekly: Peng Yu's confession admitted to colliding with the parties

In the Peng Yu case, even if the judge could be sure in his heart that Peng Yu had hit someone, in the absence of evidence to prove it, the old lady's litigation claim should be rejected according to the established rules, even if such a judgment was overturned by new evidence in the second instance, the rules of evidence and authentication should be upheld, which is an inherent requirement of judicial activities themselves. If such a verdict is wrong, what needs to be corrected is a clear and specific case, which can be targeted at clear and specific people and things, and once social consciousness is led astray, the negative impact on people's daily lives is not easily recoverable.

Secondly, the court of second instance handled the case incompletely, knowing that the facts of Peng Yu's collision with people had been clarified, but allowing the parties to agree on the confidentiality of the facts of the case that had become a public incident, so that the public continued to fight for the distorted facts, so that the devil who had some concerns in their hearts and did not dare to help and could not be helped was completely released, so that people could find a grand excuse and reason for evading the obligation of mutual assistance. Originally, the relationship between the rights and obligations of individual parties can be kept confidential in accordance with the parties' own wishes, but the Peng Yu case incident has been disseminated by public opinion into a public event, which has an impact on the society about whether people should help each other, and it is no longer just about the privacy of Peng Yu and the old lady, and it should be handled in a way and method responsible for the public, even if the old lady's litigation claim is rejected on the grounds that the old lady cannot prove it. Peng Yu and the old lady should not be allowed to reach a confidential mediation agreement that would make Peng Yu lose money.

Third, although the mediation system can calm disputes between individuals to a certain extent, this role is at the expense of the exemplary and guiding role of the law, which in layman's terms means that the implementation of the law can allow the public to understand and understand the legal rules from it, thus guiding people's behavior norms. If the exemplary and guiding role of the law is sacrificed, the role of judicial activities can only resolve current disputes, and it will not play the role of educating and educating the trial of a case, nor will it be able to eliminate and reduce disputes.

The old lady in the Peng Yu case died unjustly

Peng Yu was not punished for distorting and disseminating the facts. This is not only the failure of the courts to fulfill their responsibilities, the current news media supervision and management organs on the grounds of not restricting the freedom of public opinion, the indulgence of news and public opinion has also made society add a lot of false information and false news, which in turn has added many unstable factors and irritable emotions to society, and finally developed into the use of distorted facts to create public opinion, and then seek extrajudicial interests in petitions and seek extrajudicial interests in petitions, and kidnap the judiciary in litigation.

In fact, this is not related to the question of whether to restrict the freedom of public opinion, the supervision of news media reports can be achieved in the form of ex post facto supervision, at the beginning of the reporting of facts, because it is impossible to judge whether it is true or false, it can be unlimited freedom, but once it is found out afterwards that those reported facts are distorted or exaggerated, they should be punished. Otherwise, if everyone can irresponsibly disseminate disinformation and news to the public, it will not create chaos for no reason. The cost of social management should not be infinitely exaggerated, how people still trust each other, and how can the social atmosphere be healthyly advocated?

Source: Legal people those things

Author: Lin Jiping Zhou Ning Court