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路遇老人跌倒,扶还是不扶?这曾经是一个简单的问题,但在如今的社会却让人不得不三思而后行。媒体最常引用的是发生在2006年的“彭宇案”。法院虽然认定事故双方均无过错,但按照公平原则,判决主动救助老太的当事人赔偿受害人40%的损失。受此判决的负面影响,多地接连发生老太倒地无人敢扶以及敲诈救助人的事件。而2011年2岁女童“小悦悦”相继被两车碾轧,18名路人视而不见的悲情事件更是掀起了一场关于道德滑坡的大讨论。在此背景下,如何使民众打消救人后反担责的疑虑?如何用法律手段保障“活雷锋”的合法权益?被社会热议。
Fall in the way of the elderly, help or not to help? This was once a simple question, but in today’s society, people have to think twice before. The most commonly quoted in the media is the “Peng Yu Case” that took place in 2006. Although the court held that both parties to the accident had no fault, they, in accordance with the principle of fairness, adjudged that the party that voluntarily assisted Laotai would compensate 40% of the victim’s losses. Due to the negative impact of the verdict, there were many cases in which Mrs. Lao fell to the ground without assistance and blackmailing people. In 2011, the 2-year-old girl, “Little Yueyue,” was rolled over by two cars in succession. The tragic event of 18 passers-by turned a blind eye to the moral debacle. In this context, how to make the people dispel the suspicion of rescue responsibility after the rescue? How to protect the legal rights and interests of “living Lei Feng” by legal means?