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Xu Shoulan v. Peng Yu

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64:. Peng assisted Xu and brought her to a local hospital for further care. Xu accused Peng of having caused her fall, and demanded that he pay her medical expenses. The court decided in favor of the plaintiff and held Peng liable for damages, reasoning that despite the lack of concrete evidence, "no one would in good conscience help someone unless they felt guilty". The verdict received widespread media coverage, and engendered a public outcry against the decision. It is regarded as a landmark case because of its implication that the Chinese public is vulnerable to 122:
of guilt and the compensation agreement settled in court. Liu said he was disclosing the agreement because the case had been seriously misunderstood and was said to have been a turning point in moral standards, a position shared by both litigants Peng and Xu, who agreed to the release of information on their case to rectify the initial chilling effect caused by Peng’s false initial claim of fraud.
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and came to an agreement that they would not disclose details of the case. However, with the consent of both parties, the director of Nanjing Political and Legal Affairs Commission Liu Zhiwei later released details of the case to the public in a local magazine, including details of Peng’s admission
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on April 1, 2007. In court, Xu claimed that she had seen that Peng bumped into her, whereas Peng maintained that he only approached Xu after he had seen her fall. An eyewitness present at the scene, Chen Erchun, claimed that Xu had inexplicably fallen as she was transferring between two buses. He
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However, with Peng’s admission of guilt and resolution of legal proceedings, the financial fraud narrative of the case was proven to be untrue, though in 2015, Melody Young voiced concerns that the chilling effect of Peng’s actions on bystander intervention still remained.
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towards her treatment. At the hospital, Xu was diagnosed with a fractured femur and was told that she would have to undergo femur replacement surgery. Xu demanded that Peng pay for her medical costs, and when he refused, sued him for
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maintained that Peng had only arrived at the scene after Xu had fallen, and that he himself had assisted the two of them in calling Xu's relatives. These statements were categorically rejected by Xu Shoulan at the third court
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On November 20, 2006, Peng Yu encountered Xu Shoulan, an elderly lady, after she had disembarked from a city bus and fallen. Peng brought Xu to the hospital, and contributed 200
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The case concluded with Peng admitting having accidentally pushed Xu as he was getting off the bus, and agreeing to pay her 10,000 yuan compensation in the
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compensation, claiming that he caused her fall. After out-of-court mediation failed, the case was brought before the
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In 2006, Peng Yu had encountered Xu Shoulan after she had
180:""Good people and good deeds" should never be tarnished" 49:, brought before the Nanjing District Court in 2007. 117:
reached in March 2008. The two sides withdrew their
275: 273: 271: 8: 282:"'Good Samaritan' admits he pushed woman" 232: 230: 147: 7: 246:Pacific Rim Law & Policy Journal 72:situations due to the lack of any 25: 280:Shanghai Daily (8 January 2012). 178:Li, Hongmei (20 September 2011). 155:Minter, Adam (8 January 2012). 1: 359: 47:People's Republic of China 33:, also referred to as the 27:2007 Chinese civil lawsuit 298:(in Chinese). sina.com.cn 296:"南京彭宇案再调查:老太去世 原法官调任街道办" 182:. Xinhua. Archived from 39:Nanjing Peng Yu Incident 263:Gale Academic Onefile 31:Xu Shoulan v. Peng Yu 99:Gulou District Court 68:for lending help in 206:"男子称扶摔倒老太反被告 被判赔4万" 186:on October 20, 2011 74:Good Samaritan laws 343:History of Nanjing 237:Young, Melody W. 137:Death of Wang Yue 16:(Redirected from 350: 333:Society of China 328:2007 in case law 308: 307: 305: 303: 292: 286: 285: 277: 266: 257: 255: 253: 243: 234: 225: 224: 222: 221: 212:. Archived from 202: 196: 195: 193: 191: 175: 169: 168: 166: 164: 159:. Bloomberg View 152: 132:Bystander effect 21: 358: 357: 353: 352: 351: 349: 348: 347: 313: 312: 311: 301: 299: 294: 293: 289: 284:. china.org.cn. 279: 278: 269: 251: 249: 241: 236: 235: 228: 219: 217: 204: 203: 199: 189: 187: 177: 176: 172: 162: 160: 154: 153: 149: 145: 128: 95:personal injury 86: 66:civil liability 28: 23: 22: 15: 12: 11: 5: 356: 354: 346: 345: 340: 335: 330: 325: 315: 314: 310: 309: 287: 267: 226: 197: 170: 146: 144: 141: 140: 139: 134: 127: 124: 85: 82: 41:, was a civil 26: 24: 14: 13: 10: 9: 6: 4: 3: 2: 355: 344: 341: 339: 336: 334: 331: 329: 326: 324: 323:2006 in China 321: 320: 318: 297: 291: 288: 283: 276: 274: 272: 268: 264: 261: 247: 240: 233: 231: 227: 216:on 2015-09-29 215: 211: 207: 201: 198: 185: 181: 174: 171: 158: 151: 148: 142: 138: 135: 133: 130: 129: 125: 123: 120: 116: 111: 109: 104: 100: 96: 91: 83: 81: 77: 75: 71: 67: 63: 59: 55: 50: 48: 44: 40: 36: 32: 19: 300:. Retrieved 290: 260:Available at 250:. Retrieved 218:. Retrieved 214:the original 209: 200: 188:. Retrieved 184:the original 173: 161:. Retrieved 150: 112: 87: 84:The incident 78: 51: 38: 35:Peng Yu case 34: 30: 29: 18:Peng Yu case 248:Association 317:Categories 302:23 October 252:23 October 220:2007-09-11 190:23 October 163:23 October 143:References 115:settlement 70:emergency 338:Lawsuits 126:See also 58:breaking 210:163.com 119:appeals 108:hearing 103:Nanjing 45:in the 43:lawsuit 37:or the 54:fallen 242:(PDF) 62:femur 304:2015 254:2015 192:2015 165:2015 60:her 110:. 101:in 90:RMB 76:. 319:: 270:^ 258:- 244:. 229:^ 208:. 56:, 306:. 265:. 256:. 223:. 194:. 167:. 20:)

Index

Peng Yu case
lawsuit
People's Republic of China
fallen
breaking
femur
civil liability
emergency
Good Samaritan laws
RMB
personal injury
Gulou District Court
Nanjing
hearing
settlement
appeals
Bystander effect
Death of Wang Yue
"China's Infamous 'Good Samaritan' Case Gets a New Ending"
""Good people and good deeds" should never be tarnished"
the original
"男子称扶摔倒老太反被告 被判赔4万"
the original


"The Aftermath of Peng Yu: Restoring Helping Behavior in China"
Pacific Rim Law & Policy Journal
Available at
Gale Academic Onefile

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