The weird "assignment by alarm"

Weird "distribution according to alarm"

Recently, a piece of news came out on the Internet: A woman accidentally drowned in a rental house in Shanghai. The forensic doctor has initially ruled out the possibility of homicide. , the cause of death may be sudden illness.

The emotional family members of the deceased rushed to Shanghai from their hometown in Hubei the next day, saying that the landlord must be responsible. At the police station, the family of the deceased made a list of compensation: they would bear all the food and lodging expenses for the family of the deceased in Shanghai; they would bear all the child support until the child of the deceased was eighteen years old; and a one-time compensation of 600,000 yuan.

The landlord couldn't accept it and said they were only willing to give a humane compensation of 2,000 yuan.

Faced with family members who have lost their loved ones and do not understand the law, the police can only comfort their emotions while popularizing legal concepts.

If you ask me, it is difficult to sell or rent a room that has been used by someone else. The landlord gave me these two thousand yuan, which is a great injustice!

Some media reported such an incident: In a middle school in Zhecheng County, Henan, three students surrounded and beat a classmate. During the theory process, the classmate who struck first suddenly staggered. He took a few steps back and fell to the ground, dying suddenly.

According to the surveillance video recording, this classmate was not kicked down and was not next to others before he fell to the ground. However, his parents then went to the school gate to unfurl a banner "Defending Rights" with the slogan "Give me back my child's life."

Some time ago, I saw a piece of news: A man jumped into a river and died after failing to woo him, and his family claimed 800,000 yuan from the woman.

Xiao Wang from Shiquan, Shaanxi Province pursued Xiao Qing crazily. Xiao Qing felt that Xiao Wang was not suitable for her and declined Xiao Wang. The stubborn Xiao Wang thought that Xiao Qing might be shy and unwilling to associate with him, so he often followed Xiao Qing on the road she passed by, which made Xiao Qing feel very scared and uneasy.

Xiao Qing fell in love in March this year and met Xiao Wang when she was with her boyfriend Xiao Zhang. Xiao Wang was very angry and stopped the two of them from leaving. He rushed forward and grabbed Xiao Zhang by the collar, asking him to explain clearly his relationship with Xiao Qing. Xiao Qing told Xiao Wang that this was her boyfriend. Xiao Wang pushed Xiao Qing's face in desperation, and Xiao Qing hit Xiao Wang on the head with the mineral water bottle in her hand.

Xiao Zhang stopped Xiao Wang from getting close to Xiao Qing, and Xiao Qing took the opportunity to kick Xiao Wang again. Xiao Wang was so angry that he threatened to jump into the river. Xiao Qing said: "You dance, you dance." Xiao Wang suddenly jumped down the river embankment. When the police arrived, they found Xiao Wang dead.

After forensic on-site inspection, Xiao Wang died of suffocation due to drowning. On May 1, the Public Security Bureau administratively detained Xiaoqing for 7 days and fined her 500 yuan. Xiao Wang's parents filed a lawsuit in Shiquan County Court, demanding that Xiao Qing and Xiao Zhang compensate them for more than 800,000 yuan in various losses.

The court held that Xiaoqing's insults and beatings against Xiao Wang at the time of the incident violated the relevant provisions of the Public Security Administration Punishment Law and had certain faults. The final verdict was that Xiaoqing compensated the plaintiff for various losses of 70,281.90 yuan.

This is really like "when people sit at home, disaster falls from the sky." But when some people talk about this verdict, they will also say: "People died because of you, what's wrong with you paying compensation?" "

It seems that we can only advise Xiaoqing: "Let's spend money to eliminate the disaster. At least no one will harass you again."

There are endless incidents like this in the news. of.

A 46-year-old man participated in a rope skipping activity when purchasing flooring at a home furnishing store in Chengdu. The activity claimed that "the more you jump, the more you get back", and the discount was determined based on the number of ropes skipped by consumers at a time. However, the man collapsed while jumping to number 302. He died in hospital the next day. The merchant was willing to pay 50,000 yuan, but the family refused and claimed 1.8 million yuan from the home furnishing store.

On May 2, 2017, Mr. Yang, a doctor, was about to go out. After entering the elevator from the 14th floor, he found an old man smoking. The smell of smoke in the elevator was very strong. Out of professional sensitivity, he advised him to The old man was advised not to smoke in the elevator. As a result, a dispute broke out between the two parties, and then the old man died of a heart attack. The family took Mr. Yang to court, demanding more than 400,000 yuan in compensation.

The court's first-instance judgment ruled that Mr. Yang should compensate his family members 15,000 yuan on the grounds that "the deceased did indeed die suddenly after a verbal dispute with Mr. Yang." The second instance corrected the judgment, saying that the judgment of the first instance would dampen the enthusiasm of citizens to safeguard the interests of the public in accordance with the law. It ruled that Mr. Yang did not bear any responsibility and the family of the deceased should bear the legal fees. However, later, Mr. Yang considered that the family members had unfortunately lost their lives. Relatives are willing to donate a certain amount of money to the family members.

In March 2017, a young man forced himself to cross the Nanjing South Railway Station and was squeezed to death by a train entering the station. Although Nanjing South Railway Station has fulfilled its rescue obligations and even demolished part of the platform to save him, the family of the deceased said they would sue the railway bureau for 800,000 yuan in compensation. What’s even more unreasonable is that there are many netizens in the comments who support it and believe that “the dead are the most important”.

The media did not report what happened next, but we can guess it with our eyes closed: the railway bureau should still have lost some money.

As for the news of "death and corruption", there are even more.

Some cases are really driving people crazy.

In real life, many similar things are dealt with in a "harmony" way. People's thoughts are very simple: "Look, people have died at your place, so you have to pay some compensation."

In practice, the mediation results of countless disputes are also like this Produced on a psychological basis.

I think it is appropriate to have "humanitarian sympathy" for people who do not obey the rules and then die, but I think it is a complete hooligan to ask related parties to provide "humanitarian compensation or pension" to them.

If this trend prevails, those who are unwilling to lose money may be accused of being "unsympathetic."

I have a friend who used to be a tour guide.

She came into contact with an old man who had a heart disease but concealed his condition and successfully signed up for a tour. During the tour, he did not listen to the tour guide's advice and must try strenuous exercise. As a result, he died suddenly.

The family members brought the old man's body to make trouble and negotiate. In the name of "humanitarianism," the travel agency and the government spent a sum of money to send away the family members who came to negotiate the mortuary. Although the travel agency also felt that it was wronged, it still consciously and consciously accepted that it was unlucky and took the initiative to fulfill its "humanitarian" responsibility in order to put an end to the matter.

A drug addict who claimed to have successfully detoxified was afraid that his family would know about his relapse, so after buying the drugs, he secretly went to a neighbor's house to inject. As soon as the injection went in, he was foaming at the mouth. After the neighbor found out, he rushed to the hospital, but it was too late to save him.

Afterwards, the neighbor had no choice but to pay for a coffin in accordance with the village regulations. After that, he would say to everyone: "There is no other way, who made me unlucky?"

A certain tourist was killed by his enemy in a small hotel. In that era, small hotels only sold a few rooms, and the owners themselves did all the work such as collecting money, cleaning, cleaning, etc., and they could not make much money all year round. The boss went to clean the room the next day and found the passenger's body and quickly reported the crime. However, the police never caught the murderer.

People die, but the body must be buried. The family couldn't find the murderer, so they went to the hotel owner's house to cause trouble. After a few days of trouble, the owner of the hotel couldn't bear it anymore and lost tens of thousands of yuan. Once this money is lost, the small hotel will not be able to open and will directly close down.

Two boys had a conflict while playing basketball, and one of them stabbed the other to death. The stabbing incident occurred outside the school. The boy who stabbed was quickly captured by the police. However, the family of the deceased believed that the incident was related to the school, so they carried the body of the deceased to the school gate. The whole village surrounded the school and blocked the school. of water and electricity. The teachers and students of the school were locked down for three days. Later, the government intervened and asked the school to compensate for the funeral expenses.

In these cases, it is not difficult for us to find that the innocent party is a little unfair. Just because someone else died in front of them and on their own territory, they have to pay compensation.

The law does not explicitly require the non-fault party to compensate, but they often give certain financial compensation to the family of the deceased out of "humanitarianism". This kind of financial compensation is often not done voluntarily by them, but because they cannot withstand the entanglement and trouble caused by their family members and have to settle the matter.

Putting the dead first is a kind of humanistic concern, but the dead are not necessarily justified!

This phenomenon is even more prominent in traffic accidents.

A person does not obey traffic rules, knowing that the highway is closed to pedestrians but still trying to take a shortcut, and is hit and killed by a car... the driver also has to pay compensation.

The driver himself was not at fault, yet he was so frightened by the incident that the car may even be damaged. Who can take responsibility for the innocent driver?

When the violator dies, there is a lot of gloating and "you deserve it", but everyone generally feels that the related party should give the deceased some compensation, after all, the person dies in front of you.

The relevant laws of our country stipulate that if the motor vehicle party is not at fault, it shall bear no more than 10% of the liability for compensation. In other words, even if the driver is not at fault, you still have to compensate 10% of the cost (the total loss of the entire accident is 10%).

A motor vehicle hits a person who ran a red light. The vehicle is fine, but the person is injured and hospitalized, costing a total of RMB 100,000. The motor vehicle must pay no more than RMB 10,000. However, if you buy insurance, this part will be paid by the insurance company (you will also pay the insurance premium).

Only when non-motor vehicle drivers or pedestrians intentionally collide with motor vehicles and cause losses, the motor vehicle side does not need to bear liability for compensation. In other words, if someone comes to hit you, and you fail to brake in time and kill the person, you are not responsible.

However, you must have evidence to prove that the other party hit you intentionally. If a driving recorder is not installed or the recorder does not capture the other party's bumping behavior, this matter will become troublesome.

Everyone’s travel may cause harm to others, and everyone’s right of way is equal. Motor vehicle users enjoy convenience, but objectively they also occupy more road resources and pose a threat to the lives and safety of others. Therefore, traffic regulations are more inclined to protect the weak (pedestrians, cyclists, etc.) and force motor vehicles to It is understandable that motor vehicle owners pay insurance and other expenses.

The law stipulates that if a motor vehicle owner kills someone, even if he is not responsible, he must compensate within 10% of the cost, which is not very high. After all, not many people are willing to risk their lives in order to get this 10% compensation.

However, legal provisions are one thing, and implementing them into reality is another.

In the minds of many people, as long as someone is killed or injured by a car, they can seek compensation from the car owner. "You don't dare hit me anyway" has become the subtext in the minds of many pedestrians and non-motorized vehicle drivers who jaywalk or run red lights.

When a pedestrian ran a red light and was hit by a car, the driver was not responsible, but he still had to call the police, send the injured to the hospital for examination, conduct an accident appraisal, etc. It took a lot of time and energy, and even if it was determined in the end No responsibility, you may also have to pay 10%. The pedestrian who was fully responsible for the traffic violation in the accident suddenly became a victim.

In practice, the penalties for motor vehicle violations are much more severe, but there is a lack of corresponding restrictions on pedestrians and non-motor vehicles. Therefore, motor vehicle owners have become much more honest despite heavy fines. , but the violations of pedestrians and non-motor vehicles have not been fundamentally improved.

There are many such things, and some people are so emboldened that they even embark on the road of no return.

The words "not paying compensation even if someone dies is so inhumane" also need to be understood in context. If someone is looking for death, but the victim is not responsible and does not want to pay compensation, he should be encouraged.

"Distribution according to the situation" is probably a major feature of the land of China.

When it comes to things like "dead people", it depends on how big the "noise" is.

If you make a fuss, there will definitely be benefits; if you don’t make a fuss and behave, you will only gain sympathy.

In this way, people are making troubles all over the country, shrews are rolling around everywhere, and corpses sometimes become a weapon to blackmail others.

One person carried the corpse of his family member to a certain place to make trouble and asked for money; the other person saw it and began to regret: "Hey, my family members are also dead, why didn't I go make trouble in the first place?"

In this way, the party who was obviously unreasonable felt that they "did not make trouble" = "suffered a big loss".

Yes, while "making a fuss" can get material encouragement, not making a fuss becomes "suffering from being dumb".

This phenomenon is not only reflected in the matter of "dead people", but also occurs in other fields.

When he went to go through the formalities, the documents were not fully prepared, and the relevant departments refused to handle it according to regulations. The person involved started "crying, making trouble, and hanging himself." The relevant departments felt that this was "damaging to their own image," so they gave him a big wave. Done. When those "honest people" who obediently went home to fill in the information because they had incomplete information saw it, they suddenly felt that it would be a great loss for them not to make a fuss.

The stubborn households refused to move and made trouble everywhere. In the end, they received more attractive compensation than the households that were demolished obediently.

When companies carry out reforms, they are laid off because their skills are not as good as the workers. The company provides adequate compensation in accordance with the law, but there are always people who feel dissatisfied and still go out to make trouble. This commotion could probably result in tens of thousands more compensation.

Can you blame them? Man dies for wealth, and bird dies for food. If the "realistic temptation" after making a fuss is there, and if there is a high probability of getting compensation after making a fuss, why not make a fuss?

The only thing to blame is that the people who enforce the rules were unable to handle the situation and were the first to fail to implement the rules seriously, which made the "distribution according to the situation" mechanism popular.

If the "medical trouble" situation hadn't been so serious and outrageous, I guess there would be a lot of people carrying patients' corpses to the hospital to extort money.

I can completely understand when I encounter unreasonable people and choose to admit defeat and give in in order to prevent themselves from further expanding their losses. What I don’t quite understand is the unprincipled "harmony" ".

Unprincipledly asking reasonable people and law-abiding people to give in will only make reasonable people and law-abiding people suffer and benefit those who mess around.

Once this cultural mentality prevails, it will only lead to the formation of a social trend: when encountering trouble, the word "horizontal" takes precedence. Regardless of whether there is money to compensate or not, go ahead and "make trouble". Anyway, this world is like "whoever is unreasonable will benefit."

In a society where “distribution is based on the rules”, people who follow the rules will suffer more. Quickly solving problems or maintaining stability by "making peace with the mud" is nothing more than "treating the symptoms rather than the root cause."

Ding Jungui

January 5, 2019