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A joke to help the elderly

The old man fell down in the street. Will you help him? Although the frequent "Peng Yu case" made people more disappointed with the society in cool thin, after the national discussion, more and more people began to abandon impetuousness and seriously examine the deep-seated problems hidden behind this incident.

According to a website survey, among the 1883 people who voted, 44% netizens said that they would not help the elderly in the future, 38% netizens chose "I don't know" and 18% netizens said "I will definitely help". A netizen named "Fahao Rogue" said: "I used to think that I would definitely help, because my conscience could not pass; I certainly won't help now, because I can't shirk my responsibility. "

As for whether or not to help, supporters of both sides have plausible reasons: to help, social morality cannot be abolished; Without help, who will risk being held accountable to do good deeds? But the facts show that quite a few people are vacillating: everyone should have helped the elderly, but after all, they have learned from the past and look back at their own situation. Can they afford it if they are in trouble? Small exemptions are daunting.

Although most people admit that "helping" is just enough, I am afraid that when the old man falls to the ground, more people will seek advantages and avoid disadvantages. Why should this society help the elderly? This is worth discussing.

Cost accounting of helping the elderly

After the Peng Yu case and other cases, the phobia of helping the elderly is becoming a prairie fire. In the past, it was normal to give an old man a hand when he fell. Now, the cost of helping the elderly may exceed your ability to pay. The essence of the negative effect of "Peng Yu case" is that it reflects that doing such a good thing as "helping the elderly" in China at present is too risky and costly.

One: reputation cost

At present, in our country, many people have too strong moral requirements for others, and as a result, morality is often regarded as an obligation. "Helping the elderly" was originally just a moral requirement. However, due to the lofty sense of "being brave", it has become a "legal obligation" in many cases, not only to send the elderly to the hospital, but also to bear various risks such as paying medical expenses in advance and compensation after being framed. Originally, in the face of this situation, it was in the spirit of helping others to help the elderly who fell, but if there was an accident in the process of helping the elderly, they would be accused by their families. If you are misunderstood and hurt the old man, you will be pointed at and have a bad reputation; And if you encounter the situation in Peng Yu, the court's decision will make your reputation worse.

Second: the cost of money.

Cases such as "Peng Yu case" show that it costs a lot to help the fallen elderly. In the "Peng Yu case", the old lady who fell claimed that Peng Yu had knocked her down and claimed 6.5438+0.3 million yuan from her. Although the court finally awarded Peng Yu 40,000 yuan in compensation, it is not a small sum for ordinary people. In the absence of witnesses, videos and other evidence, the court held that it was against common sense that Peng Yu went to save people without hitting people and sent them to the hospital, and paid 200 yuan's medical expenses in advance. According to its reasoning, Peng Yu should have a guilty conscience and should make economic compensation.

However, the "Technical Guide to Fall Intervention for the Elderly" issued by the Ministry of Health is intended to popularize first aid knowledge to the public, but what is even more frightening is that helping the elderly is still a technical job, and a mistake has caused serious consequences, and it is even more impossible to be held accountable.

Therefore, "helping the elderly" was ridiculed by netizens as something that only the rich can do. There is a joke to prove it: three rich people are richer than Zhun, and one said that all my servants drive BMWs. Another said, BMW is just my garbage truck. The last one said, I help grandma cross the street every day. The other two said enviously, eldest brother, you are still rich! Although it is a joke, it is full of helplessness.

Third: time cost.

In today's increasingly accelerated pace of life, the cost that people are willing to bear in doing good deeds is nothing more than delaying a few minutes and making a phone call-but this is based on the fact that there is only one result of helping the elderly, that is, good people help others and help the fallen elderly. Passers-by praise them ... But when helping the elderly may have N consequences, this cost will probably increase greatly.

The old man can't afford to fall to the ground and his symptoms are unknown. Need to send him to the hospital, to the hospital need to wait for his family. If you are misunderstood and hit the old man, you need to clarify the facts; If we can't clarify the facts, we need more time.

Therefore, before deciding to help the elderly, it is necessary to spend some time: find onlookers to witness, or use mobile phones to record and video, so as to prove your innocence afterwards.

Under these possible cost pressures, many people are afraid to lend a helping hand to the elderly who fell, as a netizen said: "I don't want to help, I really dare not help!"

Butterfly Effect Caused by "Peng Yu Case"

20 1 1 In September, 88-year-old Uncle Li fell in Wuhan, and none of the onlookers dared to come forward to help. Finally, Uncle Li died of nasal bleeding blocking the respiratory tract and suffocation. Uncle Li's children are puzzled: "Isn't there anyone who dares to help the old man after he falls to the ground?" Is the virtue of helping others lost like this? "

Answering this question is actually very simple. To put it bluntly, people are really scared. Looking at the "Peng Yu case" and other "claims" cases, the public is no longer willing to take risks and be wronged for doing good.

After experiencing such incidents as "the woman called the police to save people after looking for seven witnesses in a row" and "the college student helped the old lady fall to the ground and got 79,000 yuan in compensation", the recent incidents such as "the driver saved people without compensation" (Tianjin) and "the camera clearly recorded the old lady framing a good person" (Nantong) made people believe that any "moral decline theory" and "bystander effect" were secondary. The embarrassing phenomenon that even the elderly dare not help in this society is mainly due to the poor quality of some elderly people and their habit of extortion. What is the reason, let them bite back and frame the good people who help themselves?

As a new word that appears frequently in recent years, the crisis of trust may explain this phenomenon. It is difficult for the elderly to bear high medical expenses after their own falls; If someone knocks them down, they are afraid that no one will make decisions for them, so they are forced to frame good people against their conscience. People who are willing to help should also worry about whether they will take responsibility after saving people. Many people finally gave up.

Objectively speaking, this is not unrelated to the general lack of security among the people. In other words, people are afraid to help the elderly, not necessarily because of the "moral decline", but more because of the differentiation of people's social class and economic status, which leads to widespread insecurity and distrust of others in society. We may all have this experience. In film and television dramas, we are used to such a scene: on the road, we meet an old woman carrying a heavy package, and the protagonist comes forward to help, and the old man shows a kind smile. If we encounter this situation in the real environment, we will think that if we offer help rashly, we may be considered as a liar or a robber. Even if help is provided, the old man may "run away" with his own things in a hurry.

A rational and mature society should be a "stranger society". Lawrence Friedman, a famous jurist, once pointed out in his A Brief History of American Law: "Modern society has a feature that is almost completely absent in a simpler society-dependence on strangers. We walk in the street, and strangers protect us, such as the police; Strangers threaten us, such as criminals; Strangers put out the fire for us; Strangers educate our children ... "In the stranger society, although we are strangers, with the omnipresent awareness of order and rules, and the awe of the law, everyone is an orderly" social gear "and naturally operates normally.

Today, China has made great progress in social, economic and other aspects, but the progress is quite uneven. An obvious backwardness is that our society is still an "acquaintance society", and people only trust familiar people. The main feature of the so-called "stranger society" is that the law, as the core system to regulate the relationship between social members, is relatively sound, which makes the trust among social members relatively high. In this case, the role of moral norms can naturally be weakened accordingly. Under the condition of sound law and high trust, the normative role of law can be further improved.

Philosopher Bacon said: "An unfair referee may even have more than ten counts." The emergence of "claims" cases such as "Peng Yu case" further fermented the insecurity and distrust of Chinese people. Modern sociological research has found that people will appropriately "lower" their sense of responsibility in public places, but now the old man falls to the ground without help, and the public has no sense of responsibility, which has violated certain objective laws, which has to arouse our vigilance. There is a heroic complex in the hearts of the public, and it is easy to "help" the elderly. However, once a dispute occurs, the law cannot handle it rationally and prudently, and the "fallen" will be the bodies of the public who are disappointed with social welfare.

Institutional guarantee is fundamental.

Some media believe that the social consciousness and legal provisions in the past largely believe that the "helped old people" will definitely express their gratitude to the rescuers, and the rescuers will not suffer any damage. But obviously, this is too wishful thinking. Therefore, as far as legal norms are concerned, it is necessary to exempt those who do good deeds from the responsibility, so that people can do good deeds without worries, thus encouraging bystanders to help the injured. In other words, we should take into account the harm caused by the malicious "anti-defamation" and "blackmail" of the rescued person. In the western legal system, the relevant laws are called "Good Samaritan Law", which comes from the allusions of a Samaritan doing good deeds in the Bible.

The Good Samaritan Law of every state in the United States stipulates: "Unless there is a relationship of' care and provision' before illness or injury (such as the relationship between parents and children or doctors and patients), or the Good Samaritan Law is responsible for illness or injury, no one may provide any help to the victim." "As long as the helper makes a reasonable response at the same level of training and under the same circumstances, he will not bear legal responsibility for the disability, death or disfigurement of the victim." This first clarifies that "helping the elderly" is not an obligation, that is, you can choose not to care. Secondly, even if you care, in general, you are not responsible for the disability or death of the victim. Obviously, this kind of law can make people more willing to "be brave." In contrast, China's relevant regulations are vague and general.

The western "law of doing righteous deeds" is mainly to prevent the courageous person from taking responsibility for the accident of the rescued person; In Singapore, where pragmatism prevails, the relevant laws clearly stipulate the punishment measures for malicious biting.

For being brave, Singapore's punishment mechanism stipulates that if the rescued person bites back, he must come in person to apologize to the rescuer and impose a fine of 1 to 3 times the medical expenses. Those who have a bad influence and commit serious acts shall be punished as libel. It is said that since the implementation of this regulation, nothing similar has happened in Singapore, and citizens' courage has also relieved their worries.

In addition to fundamentally eliminating the worries of the courageous people, some scholars suggest that the government can take more measures to protect the rights and interests of the courageous people. For example, highlight some good deeds like helping the elderly, and at the same time give some rewards to protect this kind of helpful behavior. In addition, strict implementation of the provision that "emergency departments must treat critically ill patients first and provide emergency medical services in time" can also prevent rescuers from falling into the situation of "saving money and saving lives" and avoid repeating the mistake of "Peng Yu case".

In addition, some people have set up a "risk fund for helping the elderly" to provide free legal aid to those who have the courage to help the elderly but are wronged, and will also provide financial help when necessary. Although this is a helpless move, but in the case that the government and the judicial department have not done enough, the supplementary measures of the people will still help encourage the courageous.

However, we still have to understand that it is very important to create a system that can make people feel at ease and "help the elderly". I hope that in today's era, it is still everyone's choice not to keep a love. Would you like to do it?