Mr. Wei, the driver of the Shanghai network car, sent a video saying that the traffic police temporarily detained his vehicle because he was framed for helping the old man fall, which caused concern. 65438+February 65438+February, Teacher Wei publicly responded, and this matter has been clarified. The family members of the elderly who fell down have contacted them for reconciliation and compensated for lost time and transportation expenses of 2000 yuan. The family of the old man said that the old man was drunk that day and his spirit was somewhat abnormal.
The lawyer said that the driver of the network car helped the old man fall and was framed. In fact, compared with the previous cases of "helping the elderly", they all reflect the public's moral anxiety when the elderly fall, behind which is the lack of social trust.
The driver of the network car found that the old man fell
The driver restored the whole process of helping the elderly, and he was reconciled and compensated by his family.
On the evening of June 5438+February 1 1, Mr. Wei, the driver of the online car in Fengxian District, Shanghai, met an old man riding a battery car and fell to the ground. He asked the old man if he needed help, and the old man agreed to call for help.
Worried about being framed by the old man, Mr. Wei deliberately said "I didn't hit you, I was just passing by" before calling, and recorded a video to prove it.
In an interview with the newspaper, Mr. Wei said that the place where the old man fell was 10 meters away from his parking spot, and there was an isolation belt in the middle. "When I called the police, I checked it and the old man's head was still bleeding." Subsequently, Mr. Wei simply helped the old man stop bleeding, and then covered the old man with a blanket on the battery car.
Police and medical staff rushed to the scene for treatment.
After the police arrived at the scene, the old man who fell changed his mind and said that Mr. Wei had hit him and demanded compensation. In order to fix the evidence, Mr. Wei's vehicle was temporarily detained by the traffic police. That night, Mr. Wei posted the live video on the social platform, which caused widespread concern.
12, Mr. Wei sent a video to respond publicly. Fengxian police have cleared the scene for him and reached a settlement with the family members of the elderly who fell from the building. On the same day, Mr. Liu Wei, the daughter and son-in-law of the old man who fell, repeatedly apologized and compensated him for lost time and transportation expenses of 2000 yuan.
Later, Mr. Wei learned that the old man who fell down drank some wine that day and was unconscious. In his public response, he said, "If someone falls down in the future, he will help them on the premise of retaining good evidence."
The driver of the network car reconciled with the family members of the elderly who fell, and received compensation for lost time and transportation expenses.
The lawyer said that the helper was wronged or framed. Who should advocate who should give evidence?
After the above incidents caused concern, the old man fell to the ground to rescue him, which once again triggered a heated discussion. Lawyer Tan of Beijing Law Firm believes that the driver of the online car was framed for helping the elderly who fell. In fact, comparing the previous cases of "helping the elderly" reflects the public's moral anxiety about "helping the elderly", behind which is the lack of social trust.
China Youth Daily reported that the survey showed that 87.4% of the respondents indicated that there was widespread moral anxiety about "helping the elderly" in the current society, and 84.9% of the respondents admitted that they had moral anxiety about "helping the elderly".
We should examine the phenomenon of "helping the elderly" from the perspective of justice. Article 184 of the Civil Code clearly stipulates that the salvor shall not bear civil liability if the salvor suffers damage due to voluntary emergency assistance. "At present, there is no need to worry about helping the elderly and there is legal support." Despite this, lawyer Tan suggested that the helper can record and take photos as evidence to prove his innocence and cooperate with the relevant departments in the investigation.
Police on-site investigation
Lawyer Tan said that if the rescued person is wronged or framed, the rescuer should adhere to the litigation principle of "who advocates who gives evidence" and ask the rescued person to produce evidence to prove his claim. "You can't simply say that you didn't hit me. Why do you want to help me and send me to the hospital for treatment ... This is an abnormal phenomenon. Over time, more and more people will be afraid to help. "
Lawyer Tan reminded that the burden of proof for directly inferring that the rescuer is not the injurer or proving that the rescuer is the injurer should be borne by the aided person when the truth cannot be ascertained and both parties cannot prove that their evidence has stronger probative force.
Lawyer Tan suggested that the recipients who framed the rescuer should be punished accordingly. If the person being helped has the plot of misinforming or framing others, that is, knowing that the other party is innocent, he still pushes the responsibility to the other party and tries to get compensation from the other party. This behavior of deliberately defrauding people of money by means of threats, extortion and intimidation belongs to extortion and should be punished.
According to Article 49 of the Law on Public Security Administration Punishment, those who steal, cheat, rob, rob, extort or intentionally damage public or private property shall be detained for more than five days and less than ten days, and may be fined up to 500 yuan; If the circumstances are serious, he shall be detained for more than 10 and less than 15, and may also be fined less than 1000 yuan.