Good Samaritans get legal protection

By Lu Chen Source:Global Times Published: 2013-1-14 0:43:00

 

A draft regulation in Shenzhen, South China's Guangdong Province, that could make the city the first in the country to protect the rights of good Samaritans and send those who try to cheat them to jail, is undergoing the public opinion collection process, the Guangzhou-based Yangcheng Evening News reported.

The regulation serves to encourage more people to offer help to those in need by protecting the Samaritan's rights, an official from the legislative affairs office under the city government was quoted by the Shenzhen Special Zone Daily as saying.

The official added that Samaritans are vulnerable and are sometimes falsely accused of causing injury to the person they have selflessly come to aid.

The draft stipulates that the burden of proof rests with the people who have been helped if they accuse a person offering help of any wrongdoing.

The Samaritans will also be exempted from legal responsibility for worsening the condition of those they help as long as they are careful not to cause additional harm to the injured person, according to the draft.

Anyone who lodges a false accusation against someone who comes to their aid could face criminal charges and be required to make a public apology, reads the draft.

"The draft puts Shenzhen in the lead of making laws to protect good Samaritans so that helpers can help others without being worried they may be accused of doing something wrong," Gao Ming, a lawyer from the Shanghai Wanfang Law Firm, told the Global Times over the weekend.

Gao said the new rules will probably encourage more people to offer aid noting the many reports of Samaritans being sued and forced to pay compensation to the injured person they tried to help.

In 2007, Peng Yu, a young man in Nanjing, capital of East China's Jiangsu Province, was held responsible for injuries an elderly woman suffered after he came to her aid and took her to hospital after finding her laying on the ground near a bus stop.

In September 2007, the Gulou District People's Court in the city ruled that Peng should pay a compensation of 45,876.6 yuan ($7,380), after the woman's family sued Peng for causing the injuries.

"That case and numerous others made people worried about helping others. I hope the new rules can encourage people to offer aid to those in need," Gao added.

The new rules also state that witnesses who come forward and help an investigation will be rewarded.

The city government, which has posted the draft regulation on its website, is seeking comments from the public until February 1.

The 14-article draft regulation will then be submitted to the local People's Congress for further discussion.

 

 



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