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中青报正义就是要让好人理直气壮
2020-01-08 00:40  www.fxwindowfilm.com

2017年9月7日,辽宁沈阳一位老人在药店买药时突然昏厥,店主对其实施心肺复苏,导致老人12根肋骨被压断、右肺挫伤。此后,老人反将店主告上法院。近日,辽宁省康平县人民法院作出判决,决定驳回原告(即被救老人)的诉讼请求。

On September 7,2017, an elderly person in Shenyang, Liaoning Province suddenly fainted while buying medicine at a drugstore, and the shopkeeper performed cardiopulmonary resuscitation on it, causing 12 broken ribs and a right lung contusion. After that, the old man took the shopkeeper to court. Recently, the people's court of Kangping County, Liaoning Province, decided to reject the plaintiff's claim.

患者在药店突发疾病,陷入生命危险,店主具有行医资格,掌握较专业的医学知识,无论从责任角度,还是从道义角度,店主都应当对患者实施救助。然而,被救助者反告店主,这一幕不仅让施救者感到寒心,也让所有具有正义感的人感到不忿。

The patient has a sudden illness in the drugstore and is in danger of life. The shopkeeper has the qualification of practicing medicine and mastering more professional medical knowledge. However, the rescuer turned against the shopkeeper, which not only made the rescuer feel cold, but also made all the people with a sense of justice feel angry.

必须强调的是,多位医学专家表示,在进行心肺复苏时,胸外按压造成肋骨骨折的情况并不罕见。有急救培训教员在接受采访时说,“相比肋骨骨折,抢救生命肯定要放在第一位”。法院最终认定,救助行为没有过错,不违反诊疗规范,无需对老人造成的损害承担民事责任。

It is important to stress that multiple medical experts say it is not uncommon for chest compressions to cause broken ribs when performing CPR. The first aid instructor said in an interview that \"life-saving must come first when compared to a broken rib.\" The court finally found that the rescue act was not at fault, did not violate the standard of diagnosis and treatment, and did not have to bear civil liability for the damage caused to the elderly.

医疗行为本身就存在各种变量与风险,在抢救患者的生命时,各种附加的伤害有时会难以避免。但是,只要救助行为的目的是善意的,方法总体正确得当,施救者的行为就应当得到肯定与支持,而不应为不可知的风险承担责任。

Medical behavior itself has a variety of variables and risks, in the rescue of patients'lives, all kinds of additional harm will sometimes be inevitable. However, as long as the purpose of the rescue act is good and the method is generally correct, the behavior of the rescuer should be affirmed and supported, and should not be held responsible for the unknown risk.

对此,法律要旗帜鲜明地替好人“撑腰”,为匡正社会风气注入“强心剂”。2017年10月起施行的民法总则已经明确规定,“因自愿实施紧急救助行为造成受助人损害的,救助人不承担民事责任”。这条被称为“好人法”的法律,为判定类似事件的是非提供了关键性的支撑。

In this regard, the law should take a clear-cut stand for the good \"support\" for the correction of the social atmosphere into a \"heart-strengthening agent.\" The general principles of civil law, which have come into force since October 2017, have clearly stipulated that \"if the act of voluntary emergency assistance causes damage to the recipient, the recipient shall not bear civil liability.\" The law, known as the Good Man Act, provides a crucial basis for determining the merits of similar events.

法律是公序良俗和社会文明的维护者,面对救人者成被告之类的“糟心”事,社会力量也要及时出动,让好人减少后顾之忧。毕竟,司法程序耗时耗力,即便正义的一方最终赢了官司,也会平添不必要的纠纷。据新闻报道,在法院判决结果出来之前,救老人店主的药店生意冷清,营业额下降一半多,不得不另寻地方开设诊所。

Law is the public order of good customs and social civilization defenders, in the face of saving people into the defendant such as the \"bad heart \", social forces should be timely out, so that good people to reduce worries. After all, the judicial process is time-consuming, and even if the just side wins the case, it adds to unnecessary disputes. Before the court's verdict, the drugstore business of saving the elderly shopkeeper was deserted and its turnover more than halved, and it had to find another place to open a clinic, according to news reports.

“好人有好报”是传统文化中朴素的慈善哲学,放在现代文明中审视,慈善往往是出于公义的无私行为,对好人的回报更多体现在精神激励和道德褒扬层面。不管怎样,好人可以不追求直接的物质回报,但绝对不能让好人因做好事蒙受损失。一个良性发展的社会,不能让行善事者处处提防、时时紧张。

\"Good people have good reward\" is a simple philosophy of charity in traditional culture, put in the modern civilization to examine, charity is often out of righteous selfless behavior, the return of good people is more reflected in the level of spiritual encouragement and moral praise. In any case, good people may not pursue direct material rewards, but they must not let good people suffer for doing good. A well-developed society cannot allow those who do good to be vigilant and nervous all the time.

因此,只有构建一套保护好人的社会机制,才能让好人不吃哑巴亏。比如,鼓励律师无偿为被诉救助者提供法律服务,设立“好人基金”承担因救助行为发生纠纷的各项支出,为好人因做好事而带来的损失进行补偿等等。

Therefore, only by constructing a social mechanism to protect the good people, can the good people not suffer dumb losses. For example, lawyers are encouraged to provide free legal services to those accused of assistance, set up \"good people's fund\" to cover the expenses of disputes arising from the rescue behavior, and to compensate the good people for the losses caused by doing good deeds, and so on.

只有综合调动法律、道德和社会舆论的力量,让好人坦坦荡荡、理直气壮,才能维护向上向善的社会风气,遏制只顾私利的庸俗价值观,为激发更多善行善念创造氛围。一个理想的社会环境,往往对好人持以最大的宽容,哪怕做好事并没有达到最理想的效果,也不能锱铢必较、睚眦必报,使好人处于动辄得咎的不利局面。

Only by comprehensively mobilizing the power of law, morality and public opinion, can we maintain the upward social atmosphere of good, curb the vulgar values of self-interest, and create an atmosphere for stimulating more good thoughts. An ideal social environment often holds the greatest tolerance to good people, even if doing good does not achieve the most ideal results, cannot be penny-pinching, vindictive, so that good people in the situation of easy to blame.