Legal And Moral Study On "Xu Yunhe" Case

It is traditional Chinese virtue to give a hand to the aged who fall over the ground.However, this finely justified tradition seems to experience unprecedented threat. From thecase of Pengyu in Nanjing and the case of Xu Yunhe in Tianjin, the causes can be found.These are personal injuries compensation cases with relations to old people in the street,which has so vastly profound and lasting an effect on society that people presently do not dareto help the aged who fall over the ground. This phenomenon does not only have a strongimpact on Chinese moral principles, but also on the education of the following generations.This article gives a brief description of the cases by case analysis at the first place,introducing readers to cases of this sort. The analysis is developed from the angle of separatelaws into the following aspects:(1) judgment on the cause-effect relationship in tort law. Thecause-effect relationship will be given argumentations through introduction of the relevanttheories on such relationship in Chinese laws and Anglo-American laws;(2) responsibilityclassification in traffic accident. The responsibility classification in certain cases will beanalyzed according to the modification of the76thitem in Law on road traffic safety.(3)underthe circumstances insufficient of evidences, the persistence on integrity principle and thebalance on interests of each side in addition to the problems on utility of justice principle intort law and its range and condition etc. The justice principle cannot be used when it is notidentified. This actually arouses new injustice, which is the abuse of justice principle. Finally,some personal conclusion and suggestions on the controversial points analyzed above ispresented, as well as certain outlook and bold conjectures on some unsettled cases.Individually speaking, these cases are worth being researched. Practically, it can examinethe unrestrained discretion level of the judge. On the other hand, theoretically, there existsgreat controversy on the accident responsibility identification and the final civil compensation,which could be fathomed logically by the just execution in the procedures and domesticprevailing practices at present. Moreover, this kind of cases has aroused queries on the civilmorality and law. Whether the procedures should be obeyed or the common sense should be considered, and how the integrity principle is embodied under the circumstances insufficientof evidences are questions worth being discussed.