mortal train conductor

Chapter 355 Emergency Rescue Prioritizes Justice and Bravery
The most important point is that the forensic identification needs to be signed by the identification personnel, and when necessary, it must be questioned by the court. Its seriousness and sense of responsibility are strong, and its effectiveness is more convincing.

During this process, the staff of the Enterprise Law Office of the Railway Bureau Group Co., Ltd. also consulted with the presiding judge of the P City Railway Transport Court on the case.

The meaning of the presiding judge is very clear. Regarding this case, due to its large social influence, the well-known case of "helping the elderly being defrauded" has attracted widespread attention from the public. This case also has the same effect. Once it is spread by the Internet, once it becomes the focus of the public, it may be more difficult to make a judgment.

So he was also careful, step by step, and followed the procedure. After preparing to collect evidence first, he called the two parties to mediate first in accordance with the principle of voluntariness.

He has already sought the opinions of Li Wangen's side, and Li Wangen's side agreed to mediate, but did not make too many concessions on the amount of compensation.

Moreover, Li Wangen also has doubts about the conclusion of the forensic examination.The conclusion of the forensic doctor's appraisal was very objective and pertinent, but there was one sentence that made Li Wangen very dissatisfied. This sentence was - it is not yet possible to conclude that there is a direct causal relationship between the baby's lethargy and the hypoxia during delivery.

The meaning of this sentence is that it basically negates the obvious intentional or gross negligence of the railway staff and the doctors who came to rescue in the lawsuit filed by Li Wangen's side.

Moreover, the statement of defense submitted by the Railway Bureau Group Company also clearly stated that it was in a very critical situation at that time.If rescue is not organized, it is very likely that the life of the pregnant woman will be in danger.

Moreover, according to the video data provided by Liu Qun at the time, it was found that Li Wangen, a close relative of the pregnant woman, was in a trance at the time, and also fainted. Pregnant women, close relatives did not comment.

The train staff and the medical workers who came here carried out emergency rescue based on the principle of "time is life".

According to the "Contract Law of the People's Republic of China", the scope of the carrier's liability is that the carrier shall be liable for damages for the casualties of the passengers during the transportation, but the casualties are caused by the passengers' own health reasons, or the carrier proves that the casualties were intentional by the passengers. Except for gross negligence.

There is also a clear definition of the carrier's rescue obligation, stipulating that the carrier should try its best to rescue passengers suffering from illness, childbirth, or distress during transportation. The subtext of this regulation is that the carrier should actively If there is no breach of contract and the rescue action is implemented within its capacity, the party shall not be held liable.

If a dispute arises afterwards, due to the carrier's active implementation of the rescue obligation, the carrier's behavior does not constitute tort liability, and it does not need to bear the responsibility.

Moreover, lawyer Li Wangenfang’s claim that on public transportation, the carrier did not check the doctor’s certificate and did not register the doctor’s information is also untenable, because according to the provisions of the "General Principles of Civil Law", in the specific environment and time of transportation operations , and in the case of a sudden illness, as long as it can be determined that the life of the passenger is in danger, it is called an emergency, and whether the rescuer is a doctor or an ordinary citizen, as long as the rescuer acts voluntarily, it is considered to have caused damage to the recipient , and will not bear civil liability, that is to say, no matter whether the rescuer is a doctor or not, he can participate in the treatment and will not bear responsibility.

Modern medicine believes that human life and certain functions of the human body are irreversible, that is to say, once damaged or damaged for a long time, it is difficult to return to the normal state before the damage, resulting in permanent cell death , or the function is seriously damaged, so the right of emergency treatment aims to ensure that the rescued person can get timely treatment from the people around him when he has a serious life-threatening disease.

In medical practice, many diseases must be treated against the clock, such as coronary heart disease, coronary embolism can cause myocardial necrosis due to ischemia and hypoxia in a few minutes or even tens of seconds.

The statement of defense clearly stated that the "General Principles of the Civil Law of the People's Republic of China", commonly known as the "Good Man Law", is to promote righteousness and encourage citizens to help each other. If too many restrictions are imposed, then in reality In China, it is difficult to realize the original intention of emergency rescue and protection of citizens.

According to the "Provisional Regulations on the Scope of Practice in the Registration of Physicians" issued by the Ministry of Health, the doctors who came here voluntarily at that time clearly stipulated that providing emergency medical care to patients was not an occupation beyond the scope, so the division of responsibility and inspection The professional scope of doctors cannot be the reason for checking the credentials of the brave rescuers who come here.

Of course, in reality, the certificate can be checked if the doctor is voluntary.

However, in practice, it is impossible for a doctor to carry a professional doctor's certificate with him, but can rely on the doctor's identity certificate and the doctor's oral statement. If the doctor is not allowed to rescue the doctor because he does not have a certificate, it will cause most doctors They cannot provide the corresponding certificates and delay the rescue of sick passengers.

Combined with this case, when Li Wangen's wife was in danger, she had the basic characteristics of emergency assistance. First, it happened in an emergency; second, there was a serious risk and life-threatening; third, emergency assistance was altruistic.

Under the circumstances at that time, it was necessary to act decisively and implement emergency rescue. Only in this way can pregnant women and babies be effectively helped quickly.

Therefore, basically all the claims made by Li Wangen's party were refuted.

In the last part of the statement of defense, the importance of the virtue of being brave to justice in society and on the train is written:
Acting bravely is a virtue. With this virtue, there will be people who disregard their own safety and save others in times of crisis. With this virtue, the society can be more stable and harmonious, and the masses will have more sense of security. On the train, there are many brave doctors who play a pivotal role in the treatment of passengers.

Acting bravely is the requirement and value orientation of the times to practice the core values ​​of socialism and carry forward the positive energy of society.
Don't allow those who do justice to be blackmailed by others;
Don't let the hero get burned and get into a lawsuit because of his bravery;
Do not allow good people to bear civil liability because of their brave actions, which will affect their work, study and normal life;
Heroes cannot be allowed to bleed, sweat and cry.

(End of this chapter)