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引言[案例1]2011年6月16日,天津王老太爬马路护栏摔倒,路过的车主许云鹤因停车对其进行救助而被一审法院判赔108606元。此案经二审后,维持原判。对这一结果,许云鹤不服,他表示一方面将向上级法院申诉,另一方面悬赏11万元寻找当时的目击证人,还原事实真相。这起被标识为“彭宇第二”的事件,将因社会道德滑坡危机引起的大讨论引向高潮。[案例2]2011年10月13日,2岁的小悦悦在佛山五金城相继被两车碾压,7分钟内,18名路人路过但都视而不见,漠然而去,直到第19名路人施以援手。最终,小悦悦因抢救无效身亡。见危不救是指在他人人身安全受到严重威胁时,根据当时的情况行为人有能力救助,且该救助行为利人不损己,但其选择不予救助的行为。见危不救的反义词并不是见义勇为,而是见危施救。通过上述两个案例可以看出,见危施救者面临着被诬陷的危险,即“英雄流血又流泪”的窘境,而见危不救者反而不需付出任何代价,其受到的仅仅是良心上的谴责。在经济成本与法律风险的双重介入下,见危不救自然成了普通公民的首选。如何唤醒人们心中的良知?道德瑕疵能否通过法律甚至是刑法来修复?这是本文试图探讨的重点问题。
Introduction [Case 1] June 16, 2011, Tianjin Wang Granny climb the road guardrail fell, passed by the owner Xu Yunhe parking for its rescue and was the first instance court awarded 108,606 yuan. After the case by the second instance, maintain the original verdict. Xu Yunhe was dissatisfied with this result. He said that on the one hand, he will appeal to the higher court and on the other hand, he will offer a reward of 110,000 yuan to look for the witness of the time and restore the truth. This event, which has been identified as “Peng Yu’s second”, will culminate in a grand debate triggered by the crisis of social morality. [Case 2] October 13, 2011, 2-year-old Yue Yue in Foshan Hardware City were two cars crushed, within 7 minutes, 18 passers-by pass but they turned a blind eye and indifferent until the 19th passer-by To help. In the end, Xiao Yue Yue died of invalid treatment. Perilous rescue refers to the acts of other persons who are in serious danger to human security, according to the circumstances of the actor is capable of assistance, and the rescue actions do not harm oneself, but its choice not to rescue. The perilous antonym is not courageous, but see danger rescue. Through the above two cases, we can see that the perpetrators are facing the risk of being framed, that is, “the hero bleeds and weeps.” However, the perpetrators do not have to pay any price, Conscience is a condemnation. Under the dual intervention of economic costs and legal risks, it is natural for the average citizen to become the first choice of the general public. How to awaken the conscience of people’s hearts? Whether the moral defects can be repaired by the law or even the criminal law? This is the key issue that this article tries to explore.