Clearly supporting the exemption of responsibility for legitimate behavior is considered a courageous act of righteousness! The Supreme People's Court has released a typical case where rescuing others fails and one is injured. Wei Moumou | Risk | Legitimate behavior
On the 2nd, the Supreme People's Court released a typical case of people's courts striving for fairness and efficiency, and practicing socialist core values. There are a total of 15 typical cases, involving themes such as protecting the reputation and honor of heroes and martyrs, protecting the rights and interests of workers, protecting the rights and interests of the elderly, protecting the rights and interests of property owners, operating with integrity, being honest and trustworthy, acting bravely for righteousness, and willing to take risks. The Supreme Court has announced these cases with the aim of responding to the concerns of the public, holding a clear stance, clearly supporting the exemption of responsibility for legitimate behavior, and resolutely preventing "muddled" practices such as those who cause trouble and those who are reasonable.
Chen Zhiyuan, Deputy Director of the Research Office of the Supreme People's Court, introduced that this batch of typical cases focuses on supporting the basic concept of exempting legitimate behavior from responsibility and assuming responsibility for self risk in areas such as good faith rescue, courageous action, and self risk. They use fair justice to protect moral integrity, encourage the elderly to do good deeds, and make helpers feel more secure and secure. They use justice to support good people.
For example, the case of Wang's lawsuit against a thermal power company in Meihekou City, Tonghua, Jilin Province over the right to health dispute is a dispute arising from the failure to save lives and resulting in personal injury. The court classified Wang's act of generously going to danger and bravely saving people in a critical moment as righteous and courageous, and identified the thermal power company as the infringer. Through vivid cases, the court explained the judicial concept that although the rescue was unsuccessful, the injured should also receive compensation, which is a typical embodiment of promoting the socialist moral trend of "sacrificing oneself for others and friendly mutual assistance".
Typical cases support the concept of self acceptance of risks and self responsibility. For example, in the health rights dispute case between Zhang and Wei, the court found that Zhang voluntarily participated in a basketball game with considerable risk. Although Wei's defensive behavior constituted a foul, he did not have intentional or gross negligence subjectively, and Wei was not liable for infringement.
Actively responding to the people's demands for strengthening rights protection and better maintaining fairness and justice, so as to ensure a greater sense of gain, happiness, and security for the people. For example, actively safeguarding the legitimate rights and interests of workers and helping to build harmonious and stable labor relations are the goals pursued by people's courts in handling labor dispute cases. In the case of Lincang Housing and Construction Bureau v. Lincang Human Resources and Social Security Bureau's Qualification Determination for Work Injury Insurance, Dai was diagnosed with brain death and was not recognized as a work injury due to the hospital's organ donation surgery, which resulted in the hospital issuing a death certificate for more than 48 hours. The people's court has corrected the unreasonable decision not to recognize work-related injuries in accordance with the law, safeguarded the legitimate rights and interests of the parties involved in accordance with the law, prevented setbacks in social public welfare efforts, and guided the masses to move towards good and upward.
Resolutely prevent the practice of "making trouble, being unreasonable, being injured, and being reasonable", so that the judiciary has strength, right and wrong, and warmth, and returns to its original source to defend fairness and justice. For example, in the case of Zhang v. Shanghai Metro Operation Co., Ltd. and a security service company over the right to health dispute, the plaintiff was stopped and injured by the security personnel who did not cooperate with the security check. During this period, the security personnel did not use violence or engage in any other extreme behavior, and obstructing the plaintiff's entry into the station was a legitimate act of fulfilling their security duties. Therefore, the plaintiff's demand for the defendant to bear the liability for infringement damages lacks basis, and the people's court rejects the plaintiff's lawsuit request. This case clearly states that those who cause harm to themselves due to non-compliance with the management order of public places should bear corresponding responsibilities for the consequences of the damage. Those who perform their duties in a legitimate manner shall not be held responsible, and the social governance requirements put forward by the Central Committee of the Communist Party of China, which are to make law-abiding and disciplined individuals proud and to make it difficult for law-abiding and immoral individuals to take action, should be truly implemented and implemented.
