The Juristical Analysis Of Help The Elder Cases

In recent years, old man for arm fell to the ground it was falsely accused and false events emerge in an endless stream, and help the elderly insurance launched is more like a moral metaphor, behind the refraction is the disadvantages of this "help people by falsely, helping people to be punished" shame morality and public morals. But, in the final analysis, "help or not help" is not just a moral issue, but also a legal issue. Fundamentally change social crisis of confidence caused by the "supporting or not supporting", to straighten agency wind and folk, to do clear and strengthen the biting the hand that feeds people falsely the legal responsibility of the perpetrators and pretend to be good people, increase the cost of breaking the law, increase the punishment, resulting from the fundamentally prevent correct people phenomenon appears, is not enough to only depend on the moral regulation, we need to rely on the rule of law. Road see the elderly fall, in the end should not help, can not help, combined with a few years ago, Xu Yunhe case, Peng Yu case, I fell into the thinking.We help the elderly behavior as the research object, by Xu Yunhe case, Peng Yu case, the use of case analysis, comparative analysis and other methods, from the following several aspects to analyze, jurisprudence, ethics of law, scholars in the related fields of results, and so on, and puts forward corresponding countermeasures and suggestions. On the road met the elderly fall and will lift the belongs to the social morality, but if in and helped the old man suffered blackmail refers to the law, which belongs to the content of the legal constraints, through blackmail and other illegal activities to protect their legitimate rights "can lead to the destruction of the social order, on the other hand will make social decline in moral standards.The main content of this study includes several parts: the first part is the introduction, mainly expounds the background and significance of the study, and gives the method of this research and innovation points. In the second part, the review and analysis of the cases of Peng Yu and Xu Yunhe were reviewed and analyzed. The third part "to help the old man was falsely phenomena and causes of, from the law, ethics and law and social law school three aspects to help the elderly" phenomenon causes were analyzed. In the fourth part, the paper introduces the relevant legislation of common law system and civil law system, and summarizes the foreign legal experience.The fifth part is the core part of this paper that deal with countermeasures and suggestions for the help the elderly cases, proposes the corresponding countermeasures and suggestions from the aspect of the rule of law, ethics, and social level, namely the establishment of a sound relevant aspects of the legislation, improve the legal consciousness of all citizens, improve the judge’s quality, to carry out the maintenance activities of moral education, the lack of evidence the principle of good faith, play the supervisory role of the media, to further improve the social assistance and social security system.