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The author:(作者)qqpublished in(发表于) 2013/11/26 9:01:47 Interpretation experts helped the elderly have been claimed
Xinhuanet, Chengdou, November 25 (reporters Xue Yubin and Zhu 翃 and Li Jinfeng)-in recent days, dazhou, Sichuan Province Police announced "three children were claimed for the elderly" incident investigation and handling of cases, found the old lady of Chiang Ching-Kuo himself fell, whose acts are extortion, decided on the penalties given 7th administrative detention. This result was published in the online buzz.
Legal experts said that police custody claim for malicious client initiatives against future claims for malicious client could have a powerful deterrent effect on the current "old man falls can't help" social phenomena and the mentality of play a role rectifying deviation and strengthening. Jailed mother disposition made legal avenues for complaint against the police, also deserves recognition and support.
Is punishable by law for the elderly by Rotary, the police explain why penalties
On June 15, the plain just south of the Garden District in dazhou city, Sichuan province 3 kids are playing downstairs, raised after the old one fell, but no claims of suffering from a lasting controversy. Child parent, 3 kids went up to help saw an old lady fell, only after the woman got up and said to be 3 kids fighting knocked himself and then with his son home, asking a child to parental compensation for medical expenses.
Police investigation identified Chiang Kai-shek himself fall and concluded that Chiang Ching-kuo's mother acts as extortion, Chiang Ching-kuo's arrest, 7th (for violation of personnel has Chiang reached the age of 70, decided not to perform according to the law), to its child rows Gong arrests on 10th, and a fine of 500 Yuan.
For the incident investigation process, and a decision of dazhou City Public Security Bureau is responsible for cleaning up plain Station South station staff, because the site does not monitor, failed to get the most Visual evidence. Through visits by the police learned that no households in the vicinity saw a child knocked the elderly Chiang Ching-kuo, but was clearly meant to see three people own tumble, "this is the important basis for police investigation".
Station staff have also introduced after the incident, Chiang Kai-shek had been forced to stay in the victim's home, adding that no compensation will not be leaving, parents only agreed to pay compensation in cases of threats, "such acts constituted extortion, which is major cause of two persons detained by the police".
Granny appeals from the police disposed of or apply for administrative reconsideration
"Three children were claimed for the elderly" event after the publication of the findings, gain access to the network was praised. Some netizens expressed, in the past, such blackmail even blow, also apologized, at most, it is difficult to serve as a warning and reprimand and the dazhou in Sichuan province three children and their parents through alert activist, finally let the persons claimed to pay the legal costs, and this in accordance with the law, of Vice and promotion of good practice, can give bad consequences, humans with innocence. A Netizen named "new plantation" saying: "whom police do well, represents the positive energy, justice must adhere. ”
This reporter learned that, 23rd Granny delegate Chiang's son-in-law and grandson and daughter-in-law in dazhou city, Sichuan Province Public Security Bureau reached plain branch South police station, written appeals from the police. Old Chiang Kai-shek was crying to the media, "lies killed the whole family." Official says South police station, administrative punishment upon the making of counterpart, they may appeal to a superior public security organ or similar counties (district) people's Government may apply for reconsideration, or directly to a people's Court for the institution of administrative proceedings.
Old claims for the administrative detention of extortion by the police of the processing results, Beijing Hui Cheng (Wuhan) law firm Ge Zhenhua said that according to the law, extortion would clear things subjectively malicious, and occupied public and private property through intimidation, intimidation. Police released the information, Chiang Kai-shek and old too, knowing I was not knocked down three children, were forcibly taken rooms at the victim's home threatened claims, this constitutes a subjective malicious possession of blackmail and intimidation of two criteria, to blackmail their mother and placed under administrative detention by the police and therefore nothing is amiss.
"Old Chiang Kai-shek to dissatisfaction with the police decision, complaints filed against administrative penalties, which also deserves recognition. "The Chinese Academy of social sciences researcher and tutor are set out by the law, said old Chiang Kai-shek who took her back to the boy's House money, this visit to curb through legal means to assert their rights, describes this event in the orbit of rule of law, regardless of the outcome, this should be supported.
Responsibilities should be clear, advocating for their rights by law
Press survey found that help elderly people were in the event of claim, even after the truth comes out, there have been scant signs of malicious claims bear the legal responsibility for the elderly. Well, old man falls after being lifted in the future, calls for compensation by rescuing whether constitute extortion?
Jia Jidong, Professor of Huazhong University of science and criminal law experts, not all fall down after being picked for the elderly acts constitute the claim of extortion. If it falls due to other external force or inertia of the elderly, due to the misconception that sue and, through the proper channels and malicious claims, it's not extortion, "for ' help the old man claims disputes ' disposal, case by case."
Ge Zhenhua counsel, the police can find out as soon as possible, "three children were claimed for the elderly" facts, as well as from can find the appropriate witnesses, it reminds the public in similar help when you hit the old behavior for fear of causing disputes, it is necessary to preserve relevant evidence, to protect their legitimate rights and interests of the rescue from violations.
Experts said that Peng Yu in Nanjing and so on a series of events that caused many members of the public "much less a" psychological implications, that good will not only create more trouble, also has the potential to bring a lot of negative effects, such as damage. Sichuan dazhou dispose of this incident, can exert certain negative deviation on social and positive demonstration effect, and let more people understand that as long as through the proper channels, claiming the evidence, will have the support and protection of the law.
"Of course, this event was a good start. Needed in the future justice authorities to deal with, and deal with such incidents, through active investigation and a rational division of responsibilities, on the other, should also be actively encouraged the public when faced with this kind of dispute, first aid, regardless of who is to be saved, legal action should be taken to safeguard their own interests. "JI says in detail.
新华网成都11月25日电(记者薛玉斌 朱翃 李劲峰)近日，四川省达州警方公布“三孩子扶老人遭索赔”事件调查处理情况，认定老太太蒋某某系自己摔倒，其行为属于敲诈勒索，决定对其给予行政拘留7日的处罚。这一结果公布后在网上引发热议。
法律专家表示，警方拘留恶意索赔当事人的举措，对今后恶意索赔当事人能产生有力威慑作用，也能对当前“老人摔倒不敢扶”的社会现象和心态，起到一定纠偏扶正作用。而被拘母子不服警方处置结果提出要走法律途径申诉，也值得肯定与支持。
被扶老人遭处罚，警方解释处罚原因
6月15日，四川省达州市达川区正南花园小区内3个小朋友在楼下玩耍，扶起一位摔倒老人后，却没想到遭遇一场被索赔的持久风波。小朋友一方家长表示，3个孩子当时看见一老太太摔倒便上前去扶，不料老太太起身后却说是3个孩子打闹将自己撞倒的，随后和儿子一起上门，要求孩子家长赔偿医药费。
经警方调查，查明蒋某某系自己摔倒，并认定蒋氏母子行为属于敲诈勒索，对蒋氏行拘7日(因违法人员蒋某某已满70岁，依法决定不予执行)，对其子龚某某行拘10日，并处罚款500元。
对于这一事件调查过程和处罚决定，负责办理此案的达州市公安局达川区分局南外派出所工作人员介绍，由于现场没有监控，无法获取最直观证据。警方通过走访了解到，没有附近住户表示看到了小孩撞倒老人蒋某某，但有三人明确表示看到了老人自己摔倒，“这是警方办案的重要依据”。
派出所工作人员还介绍，因事发后，蒋某某曾强行入住到受害人家中，并称如不赔偿便不离开，孩子家长在受到威胁的情况下才同意支付赔偿，“这种行为已构成敲诈勒索，这也是警方对两人实施拘留的主要原因”。
老太不服警方处置，或将申请行政复议
“三孩子扶老人遭索赔”事件的调查结果公布后，获得网络一片称赞。一些网友表示，以前，此类讹诈者即便被拆穿，也顶多道歉了事，难以起到警示和惩戒作用，而此次四川达州三小孩及其家长通过报警维权，最终让恶意索赔者付出应有的法律代价，这一依法办事、惩恶扬善的做法，能给坏人以恶果，还好人以清白。网友“新垦地”称：“达州警方做得好，代表了正能量，正义的必坚持。”
记者了解到，23日蒋老太委托女婿、孙子和儿媳等前往四川省达州市公安局达川区分局南外派出所，书面表达不服警方处理。蒋老太还曾向媒体哭诉，“骗人死全家”。南外派出所相关负责人表示，行政处罚一经作出，相对人不服的，可以向上级公安机关或同级县(区)人民政府申请复议，也可以直接向人民法院提起行政诉讼。
对于警方以敲诈勒索行政拘留索赔的老太的处理结果，北京惠诚(武汉)律师事务所律师葛振桦表示，根据法律规定，敲诈勒索需要明确事人存在主观恶意，并通过恐吓、要挟手段占有公私财物。只从警方公布的信息来看，蒋老太明知自己并非三个小孩撞倒，却采取强行入住受害人家中威胁索赔，这就构成了主观恶意占有和恐吓要挟两项条件，因此警方以敲诈勒索对他们母子行政拘留并无不妥。
“蒋老太对警方裁决不满，要对行政处罚提起申诉，这也值得肯定。”中国社会科学院法学所研究员、博士生导师冀详德表示，此前蒋老太叫人把她抬到孩子家里去要钱，这种闹访情况要坚决制止；通过法律途径来维护自己的权利，说明这事件在法治轨道上运行，无论最终结果如何，这都应该得到支持。
责任应当明晰，倡导依法维权
记者调查发现，此前扶老人被索赔事件中，即便真相大白后，也鲜有恶意索赔老人承担法律责任。那么，今后老人摔倒被扶起后，要求施救者赔偿，是否都会构成敲诈勒索？
华中科技大学刑法学专家贾济东教授表示，并非所有摔倒老人被扶起后的索赔行为都构成敲诈勒索。如果老人因其他外力或惯性作用而摔倒，误以为系施救者所致，通过正当途径而为恶意索赔的，就不是敲诈勒索行为，“因此对于‘扶老人索赔纠纷’的处置，还应具体问题具体分析”。
葛振桦律师说，警方能够尽快查清“三孩子扶老人遭索赔”事实情况，也得益于能找到相应目击证人，这也提醒公众在类似扶倒地老人行为担心引起纠纷时，有必要保存相应证据，来保护施救者自身合法权益不受侵犯。
专家表示，南京彭宇案等一系列事件，给不少社会公众造成“多一事不如少一事”的心理暗示，认为做好事不仅会增添麻烦，还有可能给自己带来很多损害等负面影响。四川达州这一事件的处置，能对社会起到一定的负面纠偏和正面示范效应，让更多人明白只要通过正当途径，拥有相应证据，自会有法律的支持和保障。
“当然，这个事件还只是一个良好的开端。今后还需要司法机关敢于处理、善于处理此类事件，通过积极调查取证，合理划分责任；另一方面，也应积极鼓励公众面对此类纠纷时，无论施救者，还是被救者，都应采取法律手段来维护自身权益。”冀详德说。
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