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读“拔管丈夫事件”有感

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读“拔管丈夫事件”有感

深圳大学 赖小琪

最近,深圳市的“拔管丈夫”事件备受关注,各大新闻媒体争相报导,同时“拔管丈夫”是否有罪也引起了广泛的争议。

Recently, the “siphon-drawing husband” affair has aroused great concern among the public. All kinds of mass media are sparing no effort to report it, and meantime whether the “husband” should be punished by law has caused extensive controversy/

现年36岁的文裕章是深圳市岗厦股份有限公司的员工,与妻子胡菁生活多年关系融洽。然而天有不测之风云,胡菁于2009年2月9日突然在家晕倒,被紧急送往医生急救,最后转到ICU病房进行治疗。治疗期间,胡菁一直昏迷不醒,只有微弱的呼吸,心跳和血压,而且要靠呼吸机续命。2009年2月16日,文裕章将胡菁身上的呼吸管等医疗设备全部拔掉,并一直趴在胡菁身上阻止医生抢救,最后导致她死亡。 检察机关认为,被告人文裕章无视国家法律,故意杀人,应当以故意杀人罪追求其刑事责任。

Wen Yuzhang is a 36-year-old worker in Gangxia Limited Cooperation in Shenzhen City. He has been living with his wife, Hu Jing harmoniously for ages. However, unfortunately, on February 9th, 2009, Hu fainted away all of a sudden at home and was sent to hospital shortly, and was later transferred to ICU. During the treatment, Hu was in unconsciousness and only had weak breath, heartbeat and blood pressure. She had to rely on breathing machine to sustain her life. On February 16th, 2009, Wen drew away all the siphons from Hu and laid on her body to prevent doctors from saving her, which led to death at last. Prosecutors thought Wen had ignore the law and killed his wife deliberately, so he should be accused.

看完这个故事,大家皆痛骂这个狼心狗肺的丈夫,也为他得到应有的惩罚而拍手称快。然而好事仍在后头,大家听了文裕章的“拔管”的理由以后,居然有人不少人同情起来了,更有法律工作者提出质疑“究竟这算不算是谋杀?”。请继续看事件的进程。

After learning the whole story, most people reproved the conscienceless man and meantime felt comforted for his deserved penalty. But there is more story lying ahead. Some people, after listening to Wen’s reason, show mercy to him. Some law workers even cast doubt on whether Wen should be identified as murderer. Let’s go on keeping track of the case.

文裕章听到法院要追究自己的刑事责任,当即嚎啕大哭,声称自己并非故意害其妻。他说:“那天,我和往常一样在胡菁的病床前和她说话,呼唤她,告诉她孩子们都很想她,等她回家去。当时我的情绪很激动,听医生说她还要进行一系列的手术,最后可能导致肺部感染甚至器官衰竭。我想起我的父亲也是做过这样的手术,最后痛苦地离开。我不想她和我父亲一样经受这样的痛苦,我想让她有尊严地离开这个世界。”

Hearing that he would be punished by law, Wen burst out crying, alleging that he did not kill his wife with vice. He said, “On that day, I stayed with her by bed usual, chatting with and calling her, telling her that our children were eagerly waiting for her. I was in high spirits then and was told the doctor would impose a set of operations on her, which might lead to her lung infections and even lung exhaustion. Then I thought of my father who also underwent such operations. He died miserably at last. I do not want her to suffer the pain my father had suffered, and I want her to leave the world with great self-esteem!”

听到这样的解释,我忍不住冷笑起来。我想不到一个口口声声说爱妻子的人,居然会如此残忍地夺去了爱人的生命。那是一条活生生的生命,那是自己同甘共苦多年的爱人,然而在文裕章的眼里,最后病重的她成了一个负担,由他亲手将这个负担卸去。文裕章声称要“让她有尊严地离开这个世界”,我倒想问问他何谓“尊严”?生老病死乃世间永恒不变之法则,难道病死了也叫没尊严?难道被他亲手杀死了才叫有尊严?表面看似合情合理的解释,实则经不起推敲,让人嗤之以鼻!细心的读者也不难发现,文妻从发病到被文裕章杀死不过短短七天,暂时不管医生如何判处胡菁的性命状况,作为丈夫这么快就为妻子下生死判决书,不禁让人感叹一句由来已久的古话:夫妻本是同林鸟,大难临头各自飞。至于后面的有报道说文裕章可能外面有情人,为了与情人双宿双栖而不惜杀妻灭口等幕后事件,孰是孰非,相信读者的眼睛是雪亮的,自会判断。

Hearing the so-called explanation, I cannot help laughing bitterly. I can never imagine a man exclaiming loudly his great love to his wife should kill her brutally. A fresh life, a lover for so many years, was simply a burden in Wen’s eyes since she fell ill. Then Wen removed this burden with his cruel hands. Wen asserted that he would like her to leave with great self-esteem. But I do want to ask him what is self-esteem? To live, to age, to get sick and to die is the permanent law in our world. Isn’t it absurd to say that getting sick to death is losing self-esteem and being killed by him is a true self-esteem? His explanation seems reasonable, but after second thought, we may find it ridiculous! Every audience may also realize that it is merely seven days from the time Hu got sick and the time she was killed. Regardless of the doctor’s judgment about whether Hu could recover or not, Wen, as a husband, should not be desperate so soon, not to mention killing her! It renders us think of an everlasting saying: Couples are indeed two birds roosting in the same forest and will depart in different directions once disaster befalls. As with the later report that Wen may have another lover and killed his wife to get married again, I believe our audience all have sharp eyes to distinguish the right from wrong.

文裕章的行为和解释虽然荒诞,他也即将得到应有的惩罚,然而更荒诞的事情还在后头。有些法律工作者认为,胡菁被杀时脑中枢已经严重损害,脑功能全部丧失,而且永不可能恢复,所以心跳消失是迟早的事情。她一旦离开呼吸机,就会死亡,这符合了脑死亡的标准。所以如果根据“脑死亡”来作为判断生死的标准,则文裕章的行为不算谋杀,只能算“虐尸”。又有一些法律专家说,我国目前尚未引入脑死亡标准,现今一直采用“心跳”作为判断生死的标准,所以文应被判有罪。看完这些专家们的唇枪舌剑,我不禁为我们法律的某些地方的缺失感到深深的忧虑。诚然,笔者并非法学专业的,对法律也没有太深的研究,然而如果一旦采用的标准不同,一个杀人犯可以变成一个清白的人,这可就骇人听闻了。在笔者看来,不管胡菁的脑损害是否可以恢复,只要她尚有一口呼吸,她的家人,还有我们社会都应该尽力让她存活下去,直到她走到生命的尽头。有人或许会说,她都已经没得救了,为何还要浪费宝贵的资源去续命呢?这不是涉及她可不可以救活的问题,也不是涉及资源浪不浪费的问题,这是关系到我们道德标准的问题。人类的发展需要爱来维持,社会的进步也需要爱来推动,否则我们和动物有何区别?救一个人能否成功不是我们可以决定的,然而我们可以决定我们的心态,我们的行为。只要我们尽力去救了,最后她还是走了,我们也问心无愧。而相反如果我们见死不救,哪怕她最后自己活下来了,我们也会愧疚一辈子。人正是因为有爱心和愧疚感,才让我们成为真正的“人”!而如果法律的制定最终导致我们迷失了最宝贵的东西,我想法律已经走到了它的尽头。所以笔者认为,不管采用何标准,文裕章一样得受到法律的制裁!

Wen’s behaviors and explanation may sound ridiculous, and he is going to receive his deserved penalty, but there is a more ridiculous matter waiting ahead. Some lawyers deem that Hu’s brain had been severely damaged and lost all the functions which were irrecoverable, so her heartbeat would be stop sooner or later. Once she was left without breathing machine, she would die. It is conforming to the brain-death standard. Therefore, if we adopt the brain-death standard, then Wen is free from criminal. What he did was abusing the dead body. But some law experts say that now we still have not adopted that standard. Rather, we still stick to heartbeat standard to judge death presently, so Wen should be punished. After reading all the comments from various experts, I cannot help feeling great concern for some defects in our legislative system. Of course I am not majoring in law, nor do I have a dig into law, but if the standard to judge death is altered, a murderer can turn into an innocent person, then it is really striking. From my perspective, whether Hu’s brain damage can be healed or not does not matter. What matters most is that as long as she still breathes, her families and our society should do our utmost to save her until she walks to the end of life. Some people may argue that sine Hu is incurable, why should we still waste our precious resources to treat her? In my viewpoint, it does not matter whether she can still be totally cured or not or whether our resources have been wasted or not. The most significant thing is that it is correlated to our morality. The development of human beings needs love to sustain, and the evolvement of our society needs love to fuel. Without love, we become nothing special than pure animals. Whether the person we save can survive or not is determined by our will. What we can master is our attitude and our action. As long as we try our best to rescue, though she may leave at last, we feel no guilt. But if we are apathetic to save, even though the victim survives finally, we will feel guilty for the rest of our lives. Thanks to sense of love and guilt, we become a real man. But if the formulation of law eventually renders us lose our most cherished values, I think the law has gone to its end. Hence, to my mind, whatever standards for death we adopt at last, Wen is bound to be penalized!

报纸曾载,一个丈夫守候由于工伤而最终变成植物人的妻子十多年,不离不弃,无微不至。这个丈夫还要上班,抚养幼子,但是依然每天照顾妻子,陪伴妻子,虽然她没有任何意识,让人读后不禁潸然泪下。或许他不能为妻儿提供锦衣玉食,但是他对妻了,对家庭的爱,可以让他在儿子,在世人面前昂首挺胸。有什么东西比生命更可贵?有什么比不离不弃的爱情更值得珍惜?然而当这样的事情发生在文裕章身上时,却让世人鄙视唾弃。就算他最后能免除刑罚,将来又如何面对自己的孩子呢?

It was once reported that a man stayed by his wife who had become vegetable person due to work injury for more than ten years, taking good care of her all the way. Moreover, he still has to go to work and bring up his son. But he still stays with his wife and attends to her every day, though she has no consciousness at all. The story earns tons of our tears. Maybe he cannot provide for his family wealth and material abundance, but his love to his wife and his family allows him to stand proudly and guiltlessly in front of his son and the public. But when the same case happened to Wen Zhangyu, he was looked down upon by all. Even if he could be free from punishment, how can he face his children in the future?
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