The course of the case
20061At about 9: 30 on October 20th, Xu Shoulan, a 64-year-old retired worker, ran to a bus with fewer passengers at the bus stop of Shuiximen Square in Nanjing and accidentally collided with Peng Yu, a 26-year-old boy. Anxious to transfer, Peng Yu immediately picked up Xu Shoulan who fell to the ground and sent him to the hospital with Xu Shoulan's family who arrived later. At the same time, she also paid 200 yuan's medical expenses.
After that, the focus of the dispute was whether the two sides collided. Xu Shoulan recognized the attacker as Peng Yu. Xu Shoulan sued the court for compensation of more than 6,543,800 yuan. Peng Yu said he was innocent. He said that three buses stopped at the same time that morning, and the old lady wanted to catch the third bus. She came down from the back door of the second bus. "As soon as I got off the bus, I saw an old lady fall to the ground and rushed to help her.
After a while, another middle-aged man saw it and took the initiative to help the old lady. The old lady kept saying thank you, and then everyone took her to the hospital together. "Peng Yu continued, then, things took a 180 degree turn, and the old lady and her family insisted that they were the" perpetrators ". At 4: 30 pm on September 4, 2007, the Gulou District Court of Nanjing pronounced the verdict in the first instance.
The court held that there were two main issues in this case: whether Peng Yu collided with the elderly and the amount of compensation. The court held that neither side was at fault in this accident. According to the principle of fairness, the parties concerned should give appropriate compensation to the victims for their losses. Therefore, Peng Yu was awarded 40% * * * 45,876.6 yuan as compensation for the victims' losses. On the same day, the old lady Xu Shoulan's lawyer said:
Satisfied with the verdict, but 40% compensation is less than expected. Peng Yu said that he refused to accept this judgment. On the occasion of the second trial of Nanjing Intermediate People's Court, Peng Yu and Xu Shoulan reached a pre-trial settlement agreement, the main contents of which were: Peng Yu compensated Xu Shoulan 1 10,000 yuan in one lump sum; Both parties shall not disclose relevant information in the media and make relevant comments on this case; After the two parties withdraw the lawsuit, the civil judgment of the first instance of Gulou District Court will no longer be executed.
Extended data:
Why is an ordinary personal injury compensation dispute case concluded by the court and settled by the parties, but it is a typical case of "good people being wronged" and "judicial injustice" in public opinion and is dismissed as the object of social "moral decline"? Tracing back to the evolution of the "Peng Yu case", there are mainly the following reasons:
The key fact to judge the "Peng Yu case" is "whether the two people collided", but it is at this most important joint point that the police lost the interrogation transcripts of both parties at the time of the crime and lacked the original direct evidence to support it, so the verdict was questioned by public opinion. Therefore, some media attending the public hearing gradually formed a one-sided tendency that "Peng Yu was framed for doing good deeds".
In the first-instance judgment, the judge's reasoning and analysis of the fact that the defendant collided with the original deviated from the mainstream values, causing public outcry and public criticism, which led to the general disapproval of the first-instance judgment. Before the second trial of Nanjing Intermediate People's Court, Peng Yu and Xu Shoulanda reached a pre-trial settlement agreement, and both parties expressed satisfaction.
However, according to the requirements of the parties, the confidentiality clause that "both parties are not allowed to disclose relevant information and make relevant comments on this case in the media (television, radio, newspapers, publications, internet, etc.)" was added to the settlement agreement. ) ",so that the truth of the" Peng Yu case "was not known to the public in time. After several years of fermentation, it gradually evolved into a" negative example "of social" moral decline ".
Baidu Encyclopedia-Peng Yu Case