Knowledge (XXG)

Xu Shoulan v. Peng Yu

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53:. 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 111:
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
169:""Good people and good deeds" should never be tarnished" 38:, brought before the Nanjing District Court in 2007. 106:
reached in March 2008. The two sides withdrew their
264: 262: 260: 8: 271:"'Good Samaritan' admits he pushed woman" 221: 219: 136: 7: 235:Pacific Rim Law & Policy Journal 61:situations due to the lack of any 14: 269:Shanghai Daily (8 January 2012). 167:Li, Hongmei (20 September 2011). 144:Minter, Adam (8 January 2012). 1: 348: 36:People's Republic of China 22:, also referred to as the 16:2007 Chinese civil lawsuit 287:(in Chinese). sina.com.cn 285:"南京彭宇案再调查:老太去世 原法官调任街道办" 171:. Xinhua. Archived from 28:Nanjing Peng Yu Incident 252:Gale Academic Onefile 20:Xu Shoulan v. Peng Yu 88:Gulou District Court 57:for lending help in 195:"男子称扶摔倒老太反被告 被判赔4万" 175:on October 20, 2011 63:Good Samaritan laws 332:History of Nanjing 226:Young, Melody W. 126:Death of Wang Yue 339: 322:Society of China 317:2007 in case law 297: 296: 294: 292: 281: 275: 274: 266: 255: 246: 244: 242: 232: 223: 214: 213: 211: 210: 201:. Archived from 191: 185: 184: 182: 180: 164: 158: 157: 155: 153: 148:. Bloomberg View 141: 121:Bystander effect 347: 346: 342: 341: 340: 338: 337: 336: 302: 301: 300: 290: 288: 283: 282: 278: 273:. china.org.cn. 268: 267: 258: 240: 238: 230: 225: 224: 217: 208: 206: 193: 192: 188: 178: 176: 166: 165: 161: 151: 149: 143: 142: 138: 134: 117: 84:personal injury 75: 55:civil liability 17: 12: 11: 5: 345: 343: 335: 334: 329: 324: 319: 314: 304: 303: 299: 298: 276: 256: 215: 186: 159: 135: 133: 130: 129: 128: 123: 116: 113: 74: 71: 30:, was a civil 15: 13: 10: 9: 6: 4: 3: 2: 344: 333: 330: 328: 325: 323: 320: 318: 315: 313: 312:2006 in China 310: 309: 307: 286: 280: 277: 272: 265: 263: 261: 257: 253: 250: 236: 229: 222: 220: 216: 205:on 2015-09-29 204: 200: 196: 190: 187: 174: 170: 163: 160: 147: 140: 137: 131: 127: 124: 122: 119: 118: 114: 112: 109: 105: 100: 98: 93: 89: 85: 80: 72: 70: 66: 64: 60: 56: 52: 48: 44: 39: 37: 33: 29: 25: 21: 289:. Retrieved 279: 249:Available at 239:. Retrieved 207:. Retrieved 203:the original 198: 189: 177:. Retrieved 173:the original 162: 150:. Retrieved 139: 101: 76: 73:The incident 67: 40: 27: 24:Peng Yu case 23: 19: 18: 237:Association 306:Categories 291:23 October 241:23 October 209:2007-09-11 179:23 October 152:23 October 132:References 104:settlement 59:emergency 327:Lawsuits 115:See also 47:breaking 199:163.com 108:appeals 97:hearing 92:Nanjing 34:in the 32:lawsuit 26:or the 43:fallen 231:(PDF) 51:femur 293:2015 243:2015 181:2015 154:2015 49:her 99:. 90:in 79:RMB 65:. 308:: 259:^ 247:- 233:. 218:^ 197:. 45:, 295:. 254:. 245:. 212:. 183:. 156:.

Index

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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