This judgment is very absurd

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銆€銆€ This judgment

A youngster Peng Yu of other places who is in Nanjing , when bus gets off have seen a old man that has fallen down , youngster has supported old man in view of morality and justice , and sends to go hospital. This is a very beautiful touching story formerly, in our life, such story is possible every day to occur. But the second half part of this story makes one stunned. Old lady and Xu Xing saved by Peng Yu, it is the person that bumps against to pour her to insist Peng Yu. According to slowly old too the "inference" of household: You as have not bumped against , why will you support her to go to hospital?

I am always paying attention to the trend of this matter. A spell, hear of that the household of old lady accuses Peng Yu court, today has seen on media concerning the judgment of this case: Both sides have no fault , but responsibility the principle of taking totally , Peng Yu wants to pay the slowly old first RMB . . . . . .s more than 40 thousand in XX in day. Facing such a judgment, I do not know how the people of conscience can think deeply. Since one is beautiful as taking up the cudgels for justice , until this one that always goes to the court of today Nanjing certain district for book law court seems the judgment that lets one do not know whether to laugh or cry , on this case the body, the thought that causes should be huge.

As both sides have no fault , Peng Yu why will pay slowly old lady 40 thousand Yuan. Is this a judgment on what fact and evidence chain? This kind of nearly may and "Dream of the Red mansion" Hu Lu monk breaks Hu Lu case the judgment that compares , have regarded as serious and solemn law what thing? Or say , only because of one side of lawsuit is a old man, may put matter is original disregarding?

Many detail about this case, very multi-media and network have disclosure , I do not want to give unnecessary details , now, I feel the matter of doubt, one solemn this one of People's Court" the judgment of 40 thousand Yuan" have what legal basis actually? " have you no fault "? ! Do you still have " Yi crime from have no "? Why do you do not reject the lawsuit of plaintiff according to this one to ask?

Favorable witness testimonies , false witness is framed , , , it is to be able to make the judgment of " have no fault responsibility shares picul " unexpectedly to let this one be not preposterous, more preposterous formerly for the matter of case to become as this, this is rather funny. According to this judgment of judge, I may infer the basic train of thought of their this judgment case, they no enough evidence proof Peng Yu bumps against wound slowly old lady " trouble-making person", but if this matter is unconcerned with Peng Yu, it should be not so and warmhearted to support old lady and sends to hospital. Is this a kind of what inference? Saying with it that infer have better to say that is dirty conjecture. This is the judgment of a very worth-while doubt, according to legal basic explanation " who advocates who put to the proof ", Xu Xing old lady as finger accepts Peng Yu to cause trouble , so, take strong evidence , instead of rely on the false witness grown by a local police station. Why want to let defendant come to put to the proof " is not trouble-making person by oneself"? This kind of absurd judgment the justance of being for national judicial system, solemnness blaspheme , it is typical as helping a tyrant to do evil. What is more important is that pass through this absurd judgment, what we see is that the value orientation that law embodies is so and inferior , makes one think deeply.

About legal problem, I am very door outside, say not do not say well without hesitation. But the judgment of this case makes one think deeply very much. This is that one has lost the basic morals of human relations for times held to guard. If Peng Yu An maintains such a kind of judgment eventually, is legal circle is grieved, do good works person is grieved. This is the story of " farmer and snake " of a modern edition , makes popular feeling cold , makes one desperate. Has a society had no basic morals standard , have had no basic credibility , talk about what harmony?

Young Peng Yu still lives while facing , but it is this time grey to remember , how will you control his a lifetime? Even let his foot shake and shatter that castle of " take up the cudgels for justice " in heart , and coldly treat to become the bystander of this world , this is just the most fearful matter. What is more fearful is that this one the very case when tell us indirectly or directly " who dare make matter? Who wants to make matter? Who can make matter? "

Life should guide people to good instead of

I choose the judgment festival of

This caseCountWhen the bus of more people station, it is public place, matter sends time better morning in line of vision, the process that accident occurs is very brief, so, bumping against the person who pours plaintiff to be impossible run away easily. According to defendant since accepting , it is the first person that gets off , analyses from convention, the possibility of its and plaintiff collision is greater. If defendant is to take up the cudgels for justice to make matter , the practice that accords with reality more should be to grasp the person that bumps against to pour plaintiff, not only is good intention appearance support; If defendant is to make matter, basis social reason, is after the household arrival of plaintiff , it complete may when speech clear fact process lets the household of plaintiff send plaintiff to go hospital , leave independently then, but defendant does not make this choice, its behavior is obvious with reason appearance Bei.

Defendant when matter hair same day gives to pay the plaintiff first debts more than 200 do not always ask plaintiff to return just. Original, defendant consistent approval above-mentioned give to pay the fact of debt , but about giving , it is different to pay reason statement: Plaintiff considers as in advance pay for others compensation money, defendant considers as to borrow money. According to the experience of daily life, original, defendant vegetarian meal does not be known , will not be borrowed money normally rashly, even is called as as defendant to borrow money , when have to undertake accident responsibility Yu, should also ask the other witnesses who have no interests on the platform of public transportation to be clear , or ask for the written materials such as receipt( or explanation) to the relative of plaintiff after explanation condition. But defendant has not yet had above-mentioned condition in this case, and when the plaintiff companion of family members goes to hospital condition take off, it is not large to borrow money by it to the possibility of plaintiff; Injure other person if bumping against , most accord with the practice of reason pay for others in advance fund. Defendant witness proves , defendant both sides go to the handling of local police station accident, from this fact, also pushing to decide plaintiff think at that time that bump against by defendant to fall instead of bumping against by other person to fall, under this condition, defendant borrows money to be impossible more. Synthesize above fact and analysis , may believe that this money is not to borrow money , and should be compensated money.

This judge may pawn a very good "whodunit"

September 5,2007

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