It is best for people to stay away from two "hospitals" in this life, one is a hospital and the other is a court.
However, the recent legal hit drama "The Bottom Line" has filmed the court that everyone is afraid of, very humane and down-to-earth.
The play not only interprets the daily life and joys and sorrows of court workers, but also intersperses legal cases that the audience has paid attention to in the past decade or so and where public opinion is particularly large, so that the audience has a strong sense of substitution, which can be described as quite interesting and topical.
When the hero talks about the case of the old man's claim in the play, the prototype of the case is the famous "Peng Yu case" that occurred 16 years ago.
The defendant in the case, Peng Yu, is a 26-year-old young man who worked for a telecommunications company. The plaintiff, Mrs. Xu, is a 64-year-old retired employee.
At that time, the media reported Peng Yu as an innocent and well-wisher with a difficult life. Because Peng Yu not only helped the old man at that time, but also sent the old man to the hospital in time with the other party's family, and took the initiative to pay the other party 200 yuan in advance.
However, the old man not only did not thank him, but also said that Peng Yu was the "culprit" of the collision, and demanded that the other party pay all medical expenses and mental damage expenses and other hundreds of thousands of yuan.
Later, a news report entitled "Why Help You Don't Bump It" even turned "whether to help or not" into a "protracted battle" concerning morality and obligations, and became a "spiritual torture" for many Chinese people.
What was the truth back then? How was the case decided? Who are the victims?
The "Peng Yu case" incident was restored
Let's switch the camera to the bus stop at Shuiximen Square in Nanjing at about 9:30 a.m. on November 20, 2006.
On that day, Xu Shoulan, a 64-year-old retired worker living in Nanjing, leisurely left her niece's house with an insulated bucket in one hand and a handbag in the other, preparing to go to the No. 83 bus stop to take a public bus home.
Because she was not in a hurry, she walked unhurriedly. When she arrived at the bus stop, she saw that the bus had not yet arrived, so she waited quietly at the platform.
At about 9:30 minutes, there are two bus 83, dangling from the front and entering the station at the same time. After Xu Shoulan saw it, she involuntarily took a few steps forward.
When she saw that there were fewer passengers on a bus behind, Xu Shoulan hurriedly ran up. Just as she passed the back door of the bus, 26-year-old Peng Yu happened to get out of the back door of the bus.
Standing next to Mrs. Xu at that time was an old man named Chen Erchun, who was in his 60s, and he happened to be waiting for the bus. But he just focused on when the vehicle was coming in, not on what was happening around him. Later, he became the only witness to Peng Yu's case.
I don't know what happened, when the vehicle entered the station, Mrs. Xu suddenly fell. When Chen Erchun heard the old man's moan, he saw Mrs. Xu, who was already lying on the ground with four feet in the air, and also saw Peng Yu preparing to help the old man up.
Therefore, the enthusiastic Chen Erchun also walked over and helped Peng Yu help Mrs. Xu up.
The two helped Xu Shoulan left and right, and after helping her to the side of the road, Mrs. Xu endured the pain and took the initiative to ask Chen Erchun to call her son Pan Hui and ask her son to come and take him to the hospital.
Pan Hui works for the Municipal Public Security Bureau and is a police officer. He rushed over immediately after receiving the call and dialed 110. Chen Erchun, who was busy catching the car, saw the old man's family coming, so he left on his own.
Pan Hui saw that his mother Xu Shoulan was not in good condition and offered to send her to the hospital for examination. Peng Yu also hurriedly called a car at this time, followed Pan Hui, and sent the old lady to the hospital.
When he arrived at the hospital, Xu Shoulan's family came several after another. Mrs. Xu and her family all expressed their gratitude to Peng Yu, and the atmosphere was quite harmonious at that time. Peng Yu also took the initiative to pay 200 yuan in advance, and said that this was his own little wish.
After leaving the hospital, Peng Yu thought that this was the end of the matter. But at 5 p.m. that day, Peng Yu received a call from the police, asking him to go to the public security bureau to make a record.
As soon as he arrived at the Public Security Bureau, Peng Yu saw that Chen Erchun was also taking notes.
At that time, Peng Yu thought that this was just a very normal police investigation and inquiry. He didn't expect that more than a month later, he would become the male protagonist of the famous "Peng Yu case" many years later.
It turned out that after examination, Mrs. Xu's injury was much more serious than expected. This wrestling fractured her tibia, and it took more than 20,000 yuan to replace the artificial tibia in addition to social security.
Seeing that his mother was seriously injured, Pan Hui immediately called Peng Yu and asked him to bear the relevant expenses caused by his mother's fall.
However, Peng Yu disagreed, and claimed that he did not hit anyone at all, but did good deeds.
So, Xu Shoulan and her family took Peng Yu to court.
After the court receives a case, how does it mediate and how does it pronounce its verdict?
Recourse to court, with each side holding its own opinion
Because the two parties could not reach a mediation on whether to hit the person and how to compensate, on January 4, 2007, Mrs. Xu took Peng Yu to court. He was also required to compensate him for medical expenses and mental damages, totaling more than 136,000 yuan.
However, what was surprising was that the records made by Peng Yu, Mrs. Xu, and Chen Erchun in the dispatch actually disappeared during the first trial.
The relevant personnel of the police station explained in court that the police station was being renovated at that time, so many records could not be found, including the records of these three people. Therefore, the two sides had to wait for the trial of the court.
On April 26, 2007, the first trial of the "Peng Yu case" officially opened at the Gulou District Court of Nanjing City under the attention of everyone.
On that day, Mrs. Xu, Peng Yu's agent, and Peng Yu's wife stood in the plaintiff's seat and the defendant's dock respectively, and the two told the truth of the matter from their own perspectives.
Mrs. Xu said that when she saw the door of the No. 83 bus open and she was about to get on the bus, Peng Yu got off the bus and hit her crotch, and she fell to the ground for a while, and she was in pain. When Peng Yu stepped forward to help her up, he asked her if she had a social security card, and she said that the other party's attitude was very good at that time.
When Peng Yu's wife appeared in court on behalf of Peng Yu, she said that when Peng Yu got off the No. 83 bus, she had seen Mrs. Xu fall to the ground. Moreover, "the plaintiff shall not be liable for injuries that are not caused by the defendant." ”
The statements of both sides seem quite reasonable and reasonable. Chen Erchun, the only witness to the case, also said that he had not seen with his own eyes who hit Mrs. Xu.
Chen Erchun recalled in court: "My first feeling at that time was very moved, thinking that this young man is really good. The others who got off the bus turned around and left, and no one asked about it. ”
However, due to the loss of the records made by the three people at the dispatch before, and the two of them have their own opinions, neither the judge at the trial nor the masses participating in the trial can judge what the two said, which is right and wrong, which is true or false. The trial session yielded no results.
On June 13, 2007, the court held a second trial of the case, and the trial announced that Peng Yu, Xu and Chen had lost the transcript they had previously made.
This time, Mrs. Xu described the details of how Peng Yu bumped into herself and how she sent herself to the hospital in court more meticulously and vividly.
At this trial, Peng Yu admitted that he hit someone when he got out of the car, but he said in his defense: "I collided with someone when I got out of the car, but not with the plaintiff." ”
When asked why he helped Mrs. Xu at that time, Peng Yu replied: "To do something good." He also said that he would report this situation to the relevant departments and the media.
On July 4 of that year, Peng Yu took the initiative to call a forum moderator of the website, told the other party the ins and outs of the matter, and hoped to get media attention.
It is said that after receiving Peng Yu's call, this moderator immediately informed more than 10 media and website reporters in Nanjing of the situation by virtue of his sensitivity to the news.
How was the court decided, and did these journalists come to the trial at the third session?
How the court decided, and what the outcome was later
The case was held for the third time on 6 July 2007. The core issue of this trial is still whether Peng Yu hit anyone.
What surprised everyone in this trial was that the transcript that mysteriously disappeared at the police station actually appeared. However, this transcript is a photo provided from the mobile phone of the old lady's son Pan Hui.
In this transcript, Peng Yu personally admitted that he bumped into Xu Shoulan. However, whether such a photo can become a "testimony in court" is still worth playing and debatable.
Several relatives of Xu Shoulan's family were also present that day, saying that they could testify in court. However, for the audience attending the trial and the media reporters who observed, the testimony of Mrs. Xu's family did not have much credibility.
At that time, Peng Yu also argued on the basis of reason in court, explaining that he was "in order to do good deeds, did not hit people." He also said that when he and Chen Erchun went to help Mrs. Xu, the old lady had already fallen, and Mrs. Xu once said that "it will not affect you".
Later, when the witness Chen Erchun testified in court, he also said that he heard Mrs. Xu's words at that time. And emphasized that he is just a role to support Mrs. Xu. As for how Mrs. Xu was hit and who hit her, he didn't see it.
In the three trials, Peng Yu still has no conclusion on whether he hit anyone.
However, because the confession of witness Chen Erchun and the disappearing transcript appear in the form of photos, it seems to be unfavorable to Xu Shoulan and his family. The media and public opinion generally believe that Peng Yu was wronged.
In the end, the court's first-instance verdict in the "Peng Yu case" was that neither party was at fault. However, the defendant Peng Yu needs to bear 40% of the civil liability, that is, to compensate the plaintiff Xu Shoulan 45,000 yuan.
Both parties were dissatisfied with this decision and appealed.
The Nanjing Intermediate People's Court conducted an investigation in early October of that year. Just when the second trial of the Nanjing Intermediate People's Court was about to begin, Peng Yu and Xu Shoulan reached a pre-trial settlement agreement, that is, Peng Yu compensated Xu Shoulan 10,000 yuan at one time. Both parties were satisfied with this decision.
However, the shock and residual temperature caused by this case many years later, and even the social discussion of "whether to help or not" once appeared, must have been unexpected by the parties.
To help or not to support? The case is full of doubts
Audiences who like to view novels and film and television dramas must like to dig into the details of the case, and even hope that the case or story will be reversed.
As far as the "Peng Yu case" is concerned, there are several doubts in the process, so it is worth sorting them out here:
First, why did the transcript of the case mysteriously disappear at the police station? Why did it appear in Pan Hui's mobile phone in the form of a photo during the second trial?
Second, why did Mrs. Xu just say "I won't affect you", and then insisted that Peng Yu compensate for medical expenses and mental damages?
Third, why did Peng Yu pay Mrs. Xu 200 yuan in cash at that time, and then never asked for it back? And when he made the transcript and the first trial, he did not mention that he was helping others, but in the second trial, he said that he was "kind to each other"?
Following this logic, perhaps we can make some well-intentioned speculations:
Perhaps when making the record, Peng Yu did not expect that Mrs. Xu's family would claim compensation for medical expenses and mental damage of 130,000 yuan, so he later changed his words and said that he was doing a good deed.
Perhaps Mrs. Xu's family knows that Peng Yu's income is not low (Peng Yu works in a telecommunications company), and they can take this opportunity to let the other party bear the cost of Mrs. Xu's hospitalization.
Whether these speculations are close to the truth of the case, they can show that in the face of danger and interests, the first thing that people think about is how to save themselves, even if it is lying or perjury.
The result of the "Peng Yu case" in the following years is that when someone falls down, many people will have this voice in their hearts:
"Be nosy and be careful of being lied to." "Let's see if there's surveillance in that place first." "Take a video first, or find someone to testify, and then decide whether to help or not." Others said, "Can help with 120 calls."
Among so many voices, only the warm sentence was not heard: "It is important to save people, of course, to help them up!" ”
Regarding this question of "whether to help or not", it was also interpreted into a sketch by famous actors Shen Teng and Ma Li at the 2014 Spring Festival Gala.
This sketch tells the story of Hao Jian, played by Shen Teng, who was not afraid of misunderstanding, insisted on picking up the fallen old lady played by Ma Li, and later proved his innocence.
Although the ending of the sketch is very good, but in the case of real life, they are not as lucky as the old lady in the sketch.
Not long ago, a video circulated on the Internet:
A woman in Zhumadian, Henan, was hit by a taxi when she crossed the street. From the monitoring video, it can be seen that the woman who was hit was lying on the road and could not move, and there were many cars and pedestrians passing by, but no car stopped, and no one took the initiative to call the police or come forward to help.
A few minutes later, a car ran over the woman's body again...
There is another famous and shocking "Xiao Yueyue incident", which has pushed the big discussion of "whether to help or not" to a climax.
It was 2011, and Yue Yue, a 2-year-old girl, fell in the middle of the road. In less than 7 minutes, he was run over by two large cars in a row.
From the monitoring, it was seen that 18 people passing by at that time, but none of them extended a helping hand. Poor little Yueyue passed away like this.
When people see these reports in the news and online, many people's hearts are extremely painful, even indignant.
Some people ask, why is the human heart so cold and insensitive today? Some people attribute this cold world and indifference to the "Peng Yu case" 15 years ago.
However, in order not to keep people's hearts indifferent, many people in Foshan City spontaneously organized a farewell memorial service for Xiao Yueyue that year.
Moreover, after the Peng Yu case, many legal practitioners also realized that there were loopholes in China's legal provisions. They are also working hard to improve these legal provisions.
What is the follow-up to the "Peng Yu case"? What happened to the people involved in the case?
The case is reversed, and how the parties are doing
For the "Peng Yu case", many network and media platforms at that time mostly sided with Peng Yu. Everyone was upset about him, thinking that he was "a good man without a good reward".
And Peng Yu himself, after the end of the second trial, completely disappeared from public view, and everyone does not know where he went later.
As the plaintiff, Xu Shoulan's family, because of this case, has been facing criticism for a long time, and their normal life has also fallen into difficulties.
Some of Xu Shoulan's friends took the initiative to distance themselves from her, and she also died five years after the case was sentenced. And his son Pan Hui, a policeman, was also criticized for abusing power for personal gain.
It is said that Pan Hui was later dismissed from public office for perjury, and Director Lu of the police station was also removed.
The first-instance judge in the case, Wang Hao, attracted a wave of abuse because of his verdict, and was later characterized as a sinner who "caused China's moral standards to go back 50 years." He was later removed from his post and a few years later placed in the streets to mediate justice.
However, looking back at the case, it can be found from the verdict of the case that the original words "why did you not hit the one why do you help" did not come from Judge Wang Hao, but the title of a news report.
However, Wang Hao's words in the verdict may be due to lack of life experience, or perhaps he did not inform the public of the truth in time, resulting in public opinion that "good people do not report well", and a one-sided situation occurred.
Just as many cases have reversed, so has the Peng Yu case. Just five years after Mrs. Xu's death, Peng Yu publicly admitted that he lied that year, and he did hit Mrs. Xu.
It turned out that on June 15, 2017, the Supreme People's Court published a long article on Weibo entitled "What is the truth of Peng Yu's case ten years ago", detailing the true situation of the case.
It's just that many people haven't seen this report, and in most people's impressions, Peng Yu is a "good person", and Mrs. Xu's family is the one who doesn't know about the Entu newspaper.
At that time, Mrs. Xu's family was constantly attacked by the Internet because of this case, and the order of life was disrupted, and Xu Shoulan died of hatred five years later.
Judge Wang Hao has also been humiliated and abused, and his career has stagnated over the years, and he cannot raise his head in front of people.
Perhaps condemned by his conscience, Peng Yu finally dared to face his inner selfishness and cowardice and admitted his mistakes.
It's just that this confession came a little late. Not only has it destroyed several families, but it has even set back trust and morality between people for decades.
In recent years, the national and local reward and protection mechanisms for "those who act bravely" have also been increasingly improved, and the state has also issued relevant provisions on acts of courageous behavior.
It is gratifying that some provinces, cities and localities have successively promulgated the "Regulations on Rewarding and Protecting Personnel Who Have Acted Bravely," so that people have no worries when doing good deeds.
Everyone knows how to seek advantages and avoid disadvantages.
However, if everyone can let go of the hesitation and shackles in their hearts and take the initiative to lend a helping hand when they encounter the problem of "whether to help or not", instead of being selfish and indifferent, then our society will surely become better and better, and people's hearts will become more and more good.
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Source| Chop Chai Academy WeChat public account [Author: Yiren, Editor: Daniel Lee]
Statement| The pictures, text and video numbers in the article are transferred from the original article, if there is any copyright dispute, please contact us to delete.