What does the sentence of not being held responsible for the injury caused by the rescue operation reflect?
The Civil Code encourages good deeds, and courage to do what is right requires the support of judicial judgment
"Can you help?" Help!
"Can't you help?" Help!
"Don't care?" Pipe!
At the moment, both the legislation and the judiciary are strongly supporting those who do what is right.
A few days ago, the much-watched Shenyang case of "kindly rescued an elderly man with a broken rib" ushered in a second-instance verdict: the original verdict is upheld, and the rescuer does not have to bear civil liability for compensation.
Some netizens praised that the verdict gave those who were righteous and brave enough the confidence to help others and protect their goodwill.
In recent years, "help or not", "do not save" and "regardless" have become moral problems in some people's minds.
A few days ago, the much-watched Shenyang case of "kindly rescued an elderly man with a broken rib" ushered in a second-instance verdict: the original verdict is upheld, and the rescuer does not have to bear civil liability for compensation.
Some netizens praised that the verdict gave those who were righteous and brave enough the confidence to help others and protect their goodwill.
In real life, some people who are eager to help and save others are compensated and held accountable afterwards from time to time.
Jin Shangjie, a trial expert in Liaoning Province, believes that the case was based on the Civil Code, encouraging good deeds and protecting those who do what is right.
Do cardiopulmonary resuscitation and break 12 ribs of the elderly
On September 7, 2017, Mrs. Qi from Kangping County, Shenyang City, Liaoning Province, went to a pharmacy to buy medicine.
Sun Xiangbo, the owner of the pharmacy, recalled that after buying two boxes of medicine, Mrs. Qi said that she had high blood pressure and asked Sun Xiangbo to measure her blood pressure.
"After the test, I was shocked. Auntie's blood pressure was 120 low and 200 high." While Sun Xiangbo was taking medicine for the old man, the old man fainted, lost his breathing, and his carotid artery did not jump.
Sun Xiangbo hurriedly implemented cardiopulmonary resuscitation for the elderly.
After 5 minutes, the old man regained consciousness.
Sun Xiangbo dialed 120 and contacted Mrs. Qi's son.
After 10 minutes, an ambulance arrived and took the old man to the hospital.
Unexpectedly, more than a month later, Sun Xiangbo received a court summons, and the family of Mrs. Qi asked him to bear a total of more than 9,800 yuan for medical expenses and nursing expenses.
After the level of disability is assessed, a compensation of nearly 100,000 yuan must be paid.
It turned out that after being sent to the hospital, Mrs. Qi was examined by the hospital and found that the old man had 12 rib fractures on both sides, contusions in the right lung, and hypokalemia. She was hospitalized for a total of 18 days.
Mrs. Qi's son believed that before the mother fainted, he took the nitroglycerin given by Sun Xiangbo. Sun Xiangbo's help was unprofessional, which caused the mother to be injured.
Sun Xiangbo graduated from Shenyang Medical College with a "village doctor certificate" and a "medicine license".
He believes that the occurrence of 12 ribs crushed was caused by the necessary intensity of rescue behavior, not his own deliberate and unprofessional methods.
The court ruled that the rescuer shall not be liable for the fault of rescue
Fan Weihong, a full-time member of the trial committee of the Kangping County Court of Liaoning Province, said that there are two points of contention in the case: whether there is a causal relationship between the results of taking medicine and the consequences of cardiac arrest in the elderly; whether the defendant's behavior in cardiopulmonary resuscitation is standardized when he rescues. , Whether the consequences should be liable for compensation.
The court consulted with three medical experts, and the experts believed that Sun Xiangbo had a practicing doctor's certificate, and the process of cardiopulmonary resuscitation also complied with the regulations and did not need to bear responsibility.
In December 2020, the Kangping County People's Court made a first-instance judgment that Sun Xiangbo should not bear the responsibility for rescuing the fault, and therefore dismissed Granny Qi's litigation request.
The old lady Qi filed an appeal.
The Shenyang Intermediate People's Court rejected the appeal and upheld the original judgment.
The case continues to arouse heated discussions.
Some netizens said that the verdict gave those who were righteous and brave enough the confidence to help others, so that society would no longer be indifferent and goodwill would be guarded.
However, some netizens questioned whether CPR broke the ribs. Is it too hard?
According to Qi Yali, director of the emergency department of Kangping County People’s Hospital, cardiopulmonary resuscitation has several major complications, one of which is multiple rib fractures. Clinical cardiopulmonary resuscitation requires a compression depth of at least 5 cm, and the compression frequency must be more than 100 times. To achieve good results, "for patients with older age and osteoporosis, rib fractures are prone to occur".
Judicial judgments resolve conflicts in individual cases and convey values
Article 184 of the Civil Code stipulates that the rescuer shall not bear civil liability for damages caused by voluntary emergency rescue.
Jin Shangjie stated that the provisions of Article 184 are legislative-oriented considerations, which will help eliminate the phenomenon of "heroes shed blood and tears". It is also conducive to the formation of a good trend for the society to act bravely, so as to eliminate worries when stepping forward and helping the poor. After the trouble, let good deeds be rewarded.
Article 27 of the Physician Law promulgated in August 2021 stipulates that “the state encourages physicians to actively participate in emergency services in public places such as public transportation; physicians who voluntarily perform first aid and cause damage to recipients shall not bear civil liability”.
The provisions of the Medical Doctor Law are consistent with the spirit of Article 184 of the Civil Code, and both require that the emergency relief exemption should have three elements, namely, the urgency of the relief situation, the voluntary nature of the relief behavior, and the impact of the relief behavior on the recipient. Instead of exemption for damage caused by other people.
Jin Shangjie believes that in judicial practice, when dealing with disputes caused by courageous acts of righteousness, the court should also affirm the heroic performance of those who acted boldly for righteousness, and should be tolerant when determining whether they are at fault.
“Courageous actions for righteousness are generally of urgency. At a critical juncture, the parties are not allowed to have sufficient time to consider. Therefore, the person who is up for justice and courageous actions cannot be blamed for taking care that can only be achieved under normal circumstances.” Jin Shangjie said that judicial organs should abide by laws and procedures and respect Evidence and common sense, on the basis of emphasizing logic and affair, the rescued person bears the burden of proof, so that judicial judgments reflect the correct value orientation, and escort those who do what is right.
"Thank you very much for the law once again upholding justice." Sun Xiangbo said when receiving the verdict.
This case had a lot of impact on Sun Xiangbo, and many nearby residents stopped patronizing his pharmacy for a while.
In June 2019, Sun Xiangbo closed the pharmacy, but he still insisted on the annual inspection with the rural doctor's practicing certificate and medical institution's practicing license in his hand.
Next, he plans to open the drugstore again.
Editor's note
Use the verdict to solve the moral dilemma of "dare to save"
The case was finally settled, and Sun Xiangbo, the owner of the pharmacy, was not responsible for the compensation for the broken 12 ribs of the elderly during CPR.
Many netizens praised this verdict: the law firmly protects the benevolent.
Not long ago, there was also a case of bravery that was widely praised.
On November 4, a knife wound occurred in Hejin City, Yuncheng, Shanxi.
A video recorded by a dash cam on the Internet showed that a car knocked the assailant man to the ground, and the chopper in his hand was knocked into the air.
The driver’s behavior was deemed to stop the assault and was a brave act of righteousness on the same day. The driver received a reward of 20,000 yuan.
For a period of time, cases involving citizens who act bravely for righteousness or are accused of infringement for upholding public order and good customs have been reported in the media frequently. In recent years, more and more brave people for righteousness have been backed by the law.
"The villagers went up to the tree to pick the fruit and fell to death in the claim case" "The case of the claim for the injury of the child to leave and the sudden death was blocked"...The judicial judges have a clear and fair judgment in such cases and set a benchmark for the right and wrong with the interpretation of the case. , Let the behavior of maintaining public order and good customs be protected and encouraged by the law, so that the legitimate defense behavior of countering illegal infringement is no longer demanded by the law, thus leading the social morality and value orientation.
Hot-spot cases have also become public courses on the rule of law shared by the whole people, and their verdicts are playing the role of a "weathervane".
Only by letting those who see righteousness dare to do so can social justice prevail.
Our reporter Liu Xu