Section 462 The Great Torture of Not Helping

Now even the northern border has been quiet, the success of the Haiyuan earthquake and earthquake relief, so that the whole country is very proud, if it is not for the imperial government to go all out, effective measures, the seven or eight counties around the Haiyuan will not become the ghost domain of the world, not to mention the survivors buried in the caves, that is, the victims who escaped alive have no shelter from the cold in the winter, and then lack food and clothing, it is a strange thing not to die in the last seven or eighty percent. "≤, Lanzhou, Xi'an, Hanzhong and even Dihua, Aksu, Hami, and Khotan in Xinjiang have become new homes for the resettlement of disaster victims.

The Haiyuan catastrophe in history has finally not been repeated, and the number of dead people is less than 80,000, which is much better than the more than 300,000 unjust souls in the previous history. Through an earthquake relief, people in the land of China found that they were not alone, the situation of fathers dying and mothers marrying and caring for individuals was reversed, and the spirit of mutual assistance in traditional Chinese culture was carried forward. In this red-hot scene, a discordant note interrupted the Chinese Symphony of Harmony.

An old lady in Nantong, Jiangsu Province crossed the road early in the morning to sell breakfast to her grandson, but was hung down by a passing truck, perhaps because the truck was too large, the old lady was in the blind corner of the sight, the driver did not find the accident, and galloped away. The old lady was unconscious on the side of the road for a while, and only a minute later, after a small agricultural diesel three-wheeler passing by, a young man who went into the city to buy vegetables and his wife in the car saw this and quickly helped the old man up, and after determining that the old man was injured, the young man drove the old man to the nearest hospital, leaving his wife to look for the old man's family in the local area.

In the hospital, the young man paid the emergency money in advance, but the old man died after rescue efforts failed. At the same time, his wife also met the family members who had come out to look for the old man in the local area. By the time the family arrived at the hospital, the old man had already died. When the young man and his wife were about to leave, they were stopped by the family, who believed that they had injured the old lady and led the old man to die. In the altercation, the young man and his wife were even injured and hospitalized.

Later, the local police who arrived took the young man and his wife to the police station as suspects and detained them, and later verified that the young man was the driver, and his wife was released. The later plot is a bit bloody. The young man was prosecuted for causing death in a traffic accident, and the local court, in the position of safeguarding the interests of the locals, prosecutor Wang Hao used the classic sentence "You didn't hit it, why did you help?" You didn't hit it, why did you pay the medical bills in advance? The jury, which was supposed to represent impartiality, also believed this logic, so it made a guilty verdict for the young man Peng Hu.

Although this sentence does not appear in the original text of the judgment of the first instance, the sentence "inferred by common sense......" is a lot of verbose words, which is probably what it means. Because the old lady's family had a lawyer behind their backs, they applied for property preservation and statutory compensation to be paid in advance, on the grounds that the family was in difficulty and could not afford to pay for the old man's funeral expenses. As a result, Peng Hu's diesel car and vegetable garden were sealed by the court, and soon a judicial auction was held, and they were transferred to the brother-in-law of a local deputy head of the judicial department of the municipal government at a very low price. Peng Hu's wife, who was kicked out of the house, was angry, and once hanged herself in front of the old lady's house, but was discovered by the other party, but was beaten and humiliated by the other party. Peng Hu's wife did not die, and filed a complaint with the provincial court in Nanjing, but it was not accepted because of procedural inconsistencies. So Peng Hu's wife, who was penniless, begged all the way to Jinan Mansion, and with the help of well-wishers, took a train to Jinan Mansion, and on the same day, she knelt down in front of the central government in Pearl Spring with the word "injustice" written on a white linen cloth in three feet square, and wanted to sue the emperor for her husband who was wronged and imprisoned.

So far, Peng Hu's case has entered the public eye. However, at this time, the second trial had already been held, but the newspapers and radio stations did not participate at that time. Therefore, it is not known whether he said that such a thing was not said at the trial of the second instance. However, the Jiangsu Provincial People's Court still found Peng Hu guilty of causing the accident in the second instance, but because the chain of evidence was insufficient, the sentence was changed to 10 years imprisonment and 5,000 yuan in compensation to five years in prison and 3,500 yuan in compensation.

The case should have ended in the second instance, but the circuit court of the Ministry of Justice of the central government accepted the appeal of Peng Hu's wife Yu Guizhen, accusing the old lady's family of framing the crime, because it was not the same crime, the Central Circuit Court arrived in Nanjing, and filed a case to investigate this seemingly ordinary traffic accident case with the help of the social investigation department, a large amount of evidence was unearthed, and soon found a suspicious point, the part where the old lady was hit did not match the young man Peng Hu's vehicle, This shows that the young man Peng Hu cannot be the perpetrator at all.

So the prosecutor of the Central Circuit Court quickly collected relevant evidence and summoned the parties for pre-trial questioning, and found that the old lady's family was not sure that Peng Hu was responsible for the accident, they were afraid that they would not be able to catch the perpetrator, so they asked them to bear the old lady's medical and funeral expenses, and even had the idea of making a small profit, in which a junior of the old lady's family who was a lawyer in a local law firm played an important role.

The opening of this case has become the focus of attention of the news media, not only the news media have come to interview, but also the attention of people from all walks of life in society have been attracted here. Huang Xinpei, minister of the Ministry of Justice of the central government, suddenly felt a lot of pressure, and he took the opportunity to go to the Führer's Palace to ask Wu Chenxuan for advice.

Wu Chenxuan did not give a positive answer, he asked a question to Huang Xinpei. The question is: If you see an old man falling, do you help or not?

"Of course I will help, respect the old and love the young, Chinese virtues, although I am dull, but I have also been taught by the saints for many years, how can I turn a blind eye."

"You are Minister Huang, of course there is no problem. But if you are also a small citizen who wants to support your family, facing the risk of breaking up your wife and family, can you still be so tough? ”

"This...."Of course, Huang Xinpei understands the difference, but it seems that he can't say that he can't help it. In the dilemma, Huang Xinpei found that the boss's thinking had gone beyond the case itself, and he was thinking about the moral crisis of the whole society, which was far more important than a Peng Hu case.

"Xinpei, do you know. In fact, it is no longer a joke to help it or not, and now even friends are asking, what should you do if you really see this situation? Most people will be very frank and say that I don't help, why? I'm afraid, I'm afraid I'll be falsely accused. Why is this happening? In fact, it's very simple, it's just that the few confused cases that we have appeared give everyone and the people of the whole country this kind of warning, and tell everyone that if you don't hit the old man, why do you go to help the elderly? I think such a sentence from the judge really pushed the moral system of the Chinese nation to a terrible edge. Like our current embarrassing incidents of the elderly falling and no one to help, it is actually a concrete embodiment of the social impact of this confused case some time ago. Wu Chenxuan's face was a little gloomy, China in the military, economic development, science and technology, political and prosperity behind the existence of more and deeper hidden dangers, that is, the moral system that maintains the soul of the nation is gradually peeling off in the face of the economy and society, if there is no strong support, I am afraid that the day of Chinese moral decline is not far away.

"Xin Pei, do you think this Peng Hu case can't help an old man who has fallen? I think it's a social sorrow. To paraphrase a sentence that is not very appropriate, our nation has reached a time when it is most lacking in virtue, that is, people dare not dare to help an old man. I feel that this situation is a warning, if this situation continues, whoever falls outside the old man will have the same ending, and no one will help him. In this terrible social indifference, everyone is a loser, including the prosecutors, the judges, and the jury, and I don't know what the judicial officers have thought until now. Do they think that the old man of his family will come to help him when he goes out and falls? Of course, I think they may also have a little consideration, because his judgment will lead to the innocent death of countless people under indifferent and even selfish eyes, which is a very serious problem. ”

"Führer, I think the misjudgment of this case is probably because they are also affected by the phenomenon of moral decay in the current society, so that's why..." Although Huang Xinpei doesn't look down on those foolish worms in Nanjing and Nantong, in front of the boss, he still has to excuse the people in this system.

"Minister Huang, I remember that there is a basic legal principle in the laws of our country: whoever asserts the claim shall bear the burden of proof. If an old man who fell cannot fully prove that the person who helped him is the perpetrator, why should the court sentence like this? This incident itself reflects the fact that judges are now unable to imagine their own judgment, and in their logic and conception, no one in this world is righteous and courageous, and everyone is a criminal. Only these people who cause trouble will help the elderly, this is simply bastard logic. Why this kind of logic can be a judge, and make such a judgment, I think this is really worth considering. This Minister Huang made Huang Xinpei's cold sweat flow down his backbone, and you can imagine how angry the boss was to call him, an old subordinate, an official title.

"Of course, from a social point of view, why the court ruled like this is also related to the lack of such a rescue and guarantee mechanism for our entire people. In a mature state mechanism, the relief of the poor is not governed by law, and he has a set of relief funds. At this time, the court does not have to worry that the poor do not have money to treat them, but will take the person who helps him to be the most wronged. In this case, I believe that from the perspective of society and law, we may be able to cure the stubborn diseases of our society. Wu Chenxuan saw that Huang Xinpei's face was like earth, and he felt that he shouldn't give him too heavy words. So the conversation changed and discussed the social assistance mechanism, but Huang Xinpei already understood that the boss was going to attack this kind of bastard who does not follow the law and did not follow the law, and Huang Xinpei also felt the same way.

At the same time, the "Peng Hu case" has become the focus of public opinion.

In any society, there are people with high morals and people with low morals, and even Confucius cursed his old friend Yuan Yang: "Young but not grandchildren (when I was a child, I didn't know how to love my brothers), long but untold (I didn't do anything when I grew up), old and not dead, I was a thief!" and "knock him on the shin with a rod (knock him on the shin with a cane)." In any era, there may be a very small number of people who have a bad conscience, but this is also a good test of our moral environment and moral level: to see whether laws and policies can give fair treatment or even praise to those who help and save people; See whether the public can look at it calmly and rationally, and whether they lower their moral requirements because of individual immoral behaviors. Since the Qing Dynasty, under the guise of "efficiency first", the 22 million square kilometers of land have been full of ghosts of profit-oriented, and in just a dozen years, the conscience of some Chinese people has been completely buried, and people in Europe and the United States have been rich for hundreds of years, and social morality has not been corrupted into today's China. And we didn't learn the good from others, and we learned all the bad. If you look at today's China, the social morality that has been in place for thousands of years has been completely degraded, and the social morality that has been nurtured for thousands of years has been completely degraded. In the face of the painful and helpless reality, after waking up in the stinking cat feces, we have to think deeply and have to reflect. Hong Shifan's remarks are still sharp, and he is also laughing and scolding in this national torture debate.