Something happened recently that I really can't understand, so I will discuss it with you here. The thing is like this, a few days ago, a travel agency organized personnel to travel to Xuancheng, and many people were injured by lightning strikes while climbing the mountain. After the incident, the family of the injured threatened that the local travel agency must give an explanation. After seeing such a request, netizens were immediately blinded, and many netizens said that this was a natural disaster and had nothing to do with travel agencies. In fact, there are relevant laws and regulations in this regard, and travel agencies are not liable for the death or injury of tourists caused by force majeure. Nevertheless, why would the families of the injured make such unreasonable demands?
In fact, for a long time, the laws of the mainland have been based on the spirit of putting people first, and there is an unwritten habit, that is, whoever is weak is justified. Although this provision takes care of some vulnerable groups to a certain extent, it also gives rise to some legal issues, which has led many people to form a bad concept of the rule of law. Under the influence of this concept, many legal strange phenomena have emerged. For example, some elderly people cross the road and do not obey traffic rules; For example, after an individual child who appears on the Internet does something bad, parents protect the short; For example, the standards for determining the crime of rape, which are now more controversial on the Internet, and so on. In short, it is a central idea, that is, as long as I am the weak party, I have reason, I don't care whether my behavior is illegal or not, no matter what rules are irregular, as long as I am weak, you must let me. On the one hand, this kind of thinking brings difficulties to governing the country according to law, and on the other hand, it also violates the original intention of legal fairness and justice.
In the hearts of many masses, there is still an inherent mentality that they are weak and reasonable, which has brought great obstacles to the fairness and justice of mainland law. For example, in the early stage, an old man fell and was injured after taking a bath, and the party who sued the party who opened the bath was not in place for safety measures, and the request for compensation was also supported by the court; For example, as mentioned in my previous article, a passerby went to steal fruit from someone else's orchard and drowned in a canal, and as a result, the passerby's family took the owner of the orchard to court with a petition, demanding 850,000 yuan in compensation, and later the court decided to pay 150,000 yuan in compensation. Such a verdict undoubtedly makes many simple people incomprehensible, and also deepens social injustice and intensifies social contradictions.
I once encountered a similar traffic accident, a car owner is driving normally along the right lane on the highway, an aunt riding a two-wheeled electric vehicle driving head-on, probably due to distraction, when the two meet, the aunt directly from the left lane into the right lane, colliding with the owner. The owner hurriedly dialed 120 to take the injured to the hospital. Since there was a complete video recording of the matter, it should have been the aunt's full responsibility, but the comrade of the traffic police said to the owner of the car out of kindness: Your car has insurance, it is better to set you a secondary responsibility, you go directly to the insurance, just do it. The owner of the car is unwilling, obviously it is the responsibility of the other party, why do you say that I am secondary? I drove normally, neither speeding nor breaking the rules. At this time, the comrade of the traffic police said, I also know that the other party should be fully responsible, but I am afraid that this aunt will not understand, not only injured but also to treat herself, and looking at his family, I am afraid that she will not be able to understand, can not understand the relevant regulations, and will petition and make trouble later, which will bring great trouble to you and me.
In order not to cause trouble to you and me, and to reduce the pressure of life for this aunt by the way, I will assign you a second responsibility and be fully compensated by the insurance company. The owner reluctantly agreed, but have we considered a little, although the traffic police and the owner of the car are also well-intentioned, but this behavior is actually illegal, suspected of insurance fraud, and easy to have a negative social impact, that is, I am weak and I am reasonable. It turns out that the aunt does not understand the law, and through this incident, it will create a bad impression that I am weak and reasonable, and in the future, no matter how seriously the aunt violates traffic rules, in her concept, she must also be compensated. Otherwise, she would never give up. Although this seems to take care of the aunt on the surface, it actually has a profound adverse effect on the values of the entire society.
With the development of society, the situation has now improved in some places and in some aspects, but the overall situation is still not optimistic. As far as the news on the Internet in the early stage is concerned, there are cases where pedestrians ran red lights and caused traffic accidents, and the pedestrians were judged to be fully responsible, which is an improvement in the rule of law. But in real life, there are not many such judgments, and a good concept has not yet been formed. But I believe that the broad masses of the people have a scale in their hearts, and they can distinguish between right and wrong, and know who is right and who is wrong. In the case at the beginning of this article, when the family of the injured requested compensation from the travel agency, many netizens ridiculed: This matter should be reported to the Heavenly Court and put under the control of the Jade Emperor, because mortals cannot control thunder and rain. Some people even joke that they should check the weather forecast first when they go out in the future, and don't go out if they have done something bad.
Although it is a joke of many netizens, it also truly reflects the thoughts of the masses, that is, they have always maintained a simple moral outlook. Whose fault is it, who is responsible for themselves, do not blackmail others at every turn. Yes, although the current laws and regulations on the mainland are becoming more and more perfect, in fact, there are more and more cases that people do not understand and cannot accept. The law upholds social fairness and justice and needs to abide by traditional moral norms, but there are a very small number of laws and regulations influenced by Western thinking, which have departed from China's reality, do not conform to China's reality, and violate China's traditional moral concepts. As a result, these laws do not enjoy the support and understanding of the broad masses of the people. For example, the Law on the Protection of Minors was intended to protect the healthy growth of children, but now it has become a tool for harming children in some scenarios.
However, it is gratifying that the relevant departments of the state have also discovered this problem in time and are gradually improving this bad situation. From the revision of the standards for determining legitimate defense in recent years, to the determination of mutual assault issued by the two supreme courts, and the determination of liability for traffic accidents mentioned above. They are constantly revising and improving, moving forward in line with people's traditional moral concepts, and striving to achieve social fairness and justice. I believe that in the near future, with the continuous progress of society and the continuous improvement of people's legal literacy, there will be fewer and fewer relevant laws that do not conform to traditional values and people's simple moral cognition.
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