"whoever makes a mistake is responsible", not "whoever is weaker is right"
2024-09-08
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a case in which a pedestrian hit an electric bike owner, who was unfortunately crushed to death by a car, was recently decided. after trial, the court determined that the pedestrian ran a red light in the crosswalk and quickly left the scene after the accident, committing the traffic accident and was sentenced to two and a half years in prison, and the car driver was not responsible.
in the cognition of many people, compared with the "iron-clad" motor vehicles, pedestrians belong to the "vulnerable group" among traffic participants. this is probably why, whenever the "traffic accident crime" is mentioned, some people understand it as the "exclusive crime" of motor vehicles, and are confused about pedestrian "accidents". in fact, my country's criminal law has never restricted the subject of the crime. whether it is the owner of a motor vehicle, a non-motor vehicle owner or a pedestrian, as long as they do not comply with traffic regulations and cause an accident, they may become the subject of the crime of traffic accident. in recent years, similar judgments are not uncommon. previously, a pedestrian ran a red light when crossing the road, causing the owner of an electric car to fall and die, and was eventually sentenced to three years in prison. the judgment of "pedestrians are responsible and drivers are not responsible" not only maintains the dignity of the law, but also once again sends a strong signal to the whole society that "whoever is wrong is responsible" before the law.
protecting the weak and putting people first are the natural warmth of good laws and good governance, and are also the basic principles for the formulation and implementation of road traffic regulations. however, such a concept has given some people the illusion that "whoever is weak is right". in reality, some people regard "motor vehicles give way to pedestrians" as a shield, crossing the road and running red lights at will; some electric bicycles run rampant in the streets and alleys, speeding and going in the opposite direction, which adds to the already complicated traffic order. it is difficult to eradicate illegal travel. on the one hand, it is the fluke mentality, but more importantly, there are always people who are sure that vehicles must give way unconditionally. even if there is a traffic accident, the weak will inevitably enjoy "exemption" and the motor vehicle will bear the main responsibility. little do people know that everyone is a fair participant in traffic behavior, and any party should abide by the rules and be respectful. whoever violates the traffic rules must bear the responsibility.
everyone is equal before the law. on the scale of the rule of law, there are only legal and illegal judgments. in recent years, the attitude of law enforcement and judicial practice has been clear. the supreme court has repeatedly emphasized the resolute prevention of "muddy" practices. many places have also increased the punishment of pedestrian and non-motor vehicle violations, which can be said to have made a good start. from a broader perspective, the most fundamental way to build a rule of law society that benefits everyone is to strictly enforce the law and conduct fair justice to guide the society to form a correct concept of right and wrong. in this regard, it is necessary to completely abandon stereotypes such as "the weaker one is right" and "distribution based on noise", and it is inseparable from the self-discipline and consciousness of the public.
the court resolutely said "no" to unreasonable demands, reminding us again that in this era, the outdated concept of "the weaker one is right" is no longer feasible. jointly maintaining the authority and seriousness of the rules and creating a social atmosphere of compliance with the law will benefit everyone.
(client, author gao yuan)
