最近在忙碌中一直关注着一个小孩被宝马车反复辗了四次致死的事件. 事情的经过相信很多人都已经耳熟能详: 新沂某小区男童在车后玩耍，宝马车司机伍某倒车，男童第一次被轧车轮下，伍某又将车朝前开，男童第二次被轧，伍某下车检查，宝马车突然朝后自行倒车，左后轮和左前轮相继轧过男童身体，伍某下车检查后离开，居民报警，孩子不幸遇难。
Recently I have been paying special attention to the affair that a child has been rolled across by a car for four times to death. The whole context must have been known by most people: A child was playing behind a car in the community when the car driver was backing his car and rolled over him for the first time. Then the driver ran his car forward and rolled across the child for the second time. The driver sensed something wrong and got out of the car to examine, but the car ran backward of itself and its left rear and front wheels rolled across the child successively. The local residents called the police and the child was confirmed to be dead.
看着那个可怜的小孩被反复辗轧的视频, 我的内心感到一阵骇动, 而小孩的父母亲人看到此情此景的心情, 可想而知是多么的沉重与悲痛! 关于这个司机是否是故意杀人, 网友们意见纷纷. 今天在百度贴吧里看到,有人统计腾讯评论网中关于这件事情的评论已经超过20万. 相当大一部分网友认为伍某是故意杀人, 原因很简单: 小孩经过第一辗,不用说肯定是残废, 弄不好可能会终生瘫痪, 医药费也将是个无底洞.但若是小孩死了,情况就完全不同了, 司机可能只需要赔个几万块钱就了事,再无后顾之忧.
Watching the video clip that showed the child was constantly rolled over, I felt a potent sense of shock, let alone the child’s parents and relatives. Regarding whether the driver committed deliberate murder, netizens have their own says. Today I learnt from the Baidu Forum that it was estimated that over 200, 000 comments had been made about this incident. Quite a number of people think that the driver committed murder for the simple reason as follows: After the child was rolled over by the car for the first time, it was evident that he would be handicapped or even paralyzed eternally, which meant an endless sum of compensation. But if the child was dead, it would be a totally different story. The driver would merely pay a fixed sum of money for his death and everything was over.
伍某是否故意杀人, 我不想过多的评论. 因为我们不是当事人,无法了解所有的过程.就算有视频为证, 在很多人看来它也存在着一定的争议, 有时眼见也不一定为实.我相信公安机关会给公众一个合理的交待. 倘若伍某真的伺意谋杀, 则此人实乃罪恶昭彰, 天理难容, 自会受到法律的制裁.
I do not want o comment too much on whether the driver killed the child deliberately, because we are not the parties involved and do not the whole matter well. Though we do have the video clip as evidence, it is kind of controversial among the public. Sometimes the saying that “to see is to believe” does not apply. I fully believe our public security organs will give us a satisfying reply. If the driver has done the evil, his sin is literally unforgivable and is doomed to received deserved legal penalties.
然而笔者认为,在我们关注这件事情的真相的同时,我们更需要反省我国本身的意外事故赔偿体制与法案.当A受到B的伤害时, 比如说意外撞伤, 毫无疑问B应该承担A的全部治疗费用. 而如果A在伤愈以后落下残废,则B可能赔偿A一大笔的生活费.这还不算最惨, 最惨的是A伤势很重但死不了,需要日久天长甚至终生的治疗.这时所有的费用不用说也该B来承担.想想这样的后果, 任何肇事司机都会不寒而栗.
Whereas, from my viewpoint, I think while we are focusing on the truth of the matter, we should meantime reflect on our compensation policies and acts on accidents. For instance, when A is hurt by B, like traffic accident, undoubtedly B should shoulder A’s whole medical treatment expense. But if A is disable afterwards, then B may have to compensate him with a large sum of money. Worse still, if A is badly injured and needs long-term even whole-life treatment, B should also take all expense on his own. Thinking of such consequences, any driver in the accident will feel creepy.
曾经在<<家庭>>里的 “命运悲欢”栏目里看到这样一个真实的故事: 一个夏天大雾迷漫的凌晨, 司机杨某开着大货柜车行使在高速公路上.由于当时雾气太大, 他看不见前方的行人张某. 当他看到张某时, 突然一惊紧急刹车, 可是为时已晚,张某被撞至十多米外的公路旁.由于当时是凌晨, 路上没有什么车辆,如果当时杨某开车逃走的话,公安机关也无从查起.暂且不说当时没有摄像头, 就算有,雾气如此浓厚, 也看不清肇事车辆.可是杨某有很强的责任心,他并没有一走了之, 而且迅速拨打急救电话, 及时地挽回了张某的生命. 然而天不怜人, 张某伤势相当严重, 需要巨额的治疗费用,而两家的经济情况也不乐观. 最后两家一贫如洗, 仍然无法支付治疗费用,杨某在忍受受害者家属的厉声责罚时, 日夜劳作,筹措费用, 最后由于长期的疲劳以及工作环境的恶劣而得了肺癌,竟然比张某先走一步.两家人哭声连天, 惨不忍睹.
I have ever read a true story in a magazine named Family: on a heavily mist summer morning, a driver, Mr Yang was driving his truck on an expressway while all of a sudden he bumped into a pedestrian, Mr Zhang before he could effectively braked his truck, throwing Zhang more than 10 meters far to the roadside. Due to the dense fog, Yang could not see Zhang timely before the accident occurred. As it was early morning then, there were rarely vehicles running on the road. So if Yang escaped away then, no evidence would be collected by the police. There was no camera by the road then and even if there was, the strong mist would have got in the way. But Yang had a strong sense of responsibility and called the emergency phone promptly, saving Zhang’s life timely. But misfortune never ended. Due to the acute injury, Zhang needed extremely expensive treatment and two families were in poor condition and could not afford it. Bearing piercing blame from the victim’s family, Yang had to work day and night to accumulate the needed money. At last, due to long-term weariness and harsh work environment, he came down with lung cancer and died ahead of Zhang, leaving the two families in miserable cries.
是的, 在意外事故面前, 肇事者在肩负起责任心和良心的同时, 很可能会付出巨大的代价. 这让不少肇事司机谈虎色变. 于是, 在发生意外事故时, 很多肇事司机选择了逃逸. 当逃逸无效的情况下, 他们采取了更加极端的方式, 就是直接剥夺受害者的生命. 这样只要支付几万块钱的赔偿费则一了百了. 在良心与利益面前, 他们选择了后者. 无可厚非, 他们的行为是错误的. 然而不定数的巨额赔偿, 也可能只会让两家人痛不欲生. 如果有一方买了保险, 事情还好办一点. 但是目前中国的保险体制并不完善, 保险服务并未普及, 所以在多数事故中保险是无法发挥作用的.
It is true that confronting the accident, while the driver undertakes his responsibility and conscience, he may have to pay an immense price, which renders most drivers feel shocked when mentioning it. Therefore, when accidents take place, many drivers choose to escape. When escape seems useless, they tend to go to extremes by killing the victim directly. By doing so they can only pay a small fixed sum of money to conclude he story. In front of conscience and personal benefits, they choose the latter. Needless to say, they have done it wrongly. But the unpredictably large sum of compensation may also result in two families’ miseries. If either party has bought insurance, all will be simplified. But it is widely acknowledged that China’s insurance system is still far from perfect and not prevailing. So in most cases, insurance cannot play its role.
笔者认为, 这就需要我国政府及相关机构做出努力. 我国政府不妨采取 “肇事者破产制度”, 具体方式如下: 当事故发生时, 在事故双方均没有买保险的情况下, 如果肇事者在倾尽自己已有的财产(保障基本生活的财产不算)仍无法支付受害者的医疗费用,则由国家承担后续的医疗费用以及赔偿费用. 当然, 这里的意外事故指的是无心之失, 而非蓄意伤害或者谋杀, 后者不属于此类制度保护之列. 这种保护制度有点类似于经济领域的有限责任公司的破产制度. 如果这种制度被采用了, 我相信很多肇事司机会勇于承担起责任, 及时把伤者送往医院, 挽救无数的生命. 否则由于惧怕无底的赔偿, 他们选择抛弃伤者, 延误了最佳的治疗时间, 甚至进一步杀死伤者, 造成更多的无辜的生命的丧失.
To my mind, I think our governments and related institutes should make some contribution in this aspect. I propose that maybe our governments can adopt a system named Driver Limited Liability System. It can be detailed as follows: when an accident occurs and both parties involved have not bought insurance, after the driver exhausts all his properties(excluding those necessary for basic living) and still could not pay out the victim’s treatment expense, the government should pay the follow-up expense on behalf of the driver. Definitely, here we refer to accident as inadvertent one, not the deliberate injure or kill. The latter is not valid in the new policy. This policy is similar to the corporate bankruptcy in business world. Once it is adopted, I believe many drivers of accidents will take their responsibility and send the injured to hospital timely. Otherwise, due to the fear of endless compensation, they may choose to discard the injured within the most effective curing time or even kill them, causing more innocent lives to be lost.
这个制度只是笔者的一个大体的构思, 如果被采取了, 具体的落实方案还需要决策者进一步规划. 在落实过程中可能会出现很多问题, 比如说资金不够等等. 针对资金不够, 笔者有一个想法, 那就是国家强制车辆所有者需要支付一定数额的保险金, 这些保险金可用作支付受害者医疗费用的一部分. 当然这个保险金不能太多, 否会加重司机的负担, 引起民愤. 具体数额得需要进一步讨论协商方能决定.
This policy is only my general framework. If it is adopted, there are more specific schemes and details to be settled by our policy-makers. In this process, a wealth of problems will come out such as lack of funds. In terms of lack of funds, I also have another idea. That is to require every vehicle owner to pay a certain amount of premium that will be used as part of the victims’ medical treatment expenses. Of course the premium should not be too much, or it will only add too much to the driver’s burden and cause public anger. The specific amount should be addressed by further discussion.
笔者认为, 当一个事件发生以后, 我们除了要研究事件本身的情况以外, 还需要探寻防止此类事件再次发生的根本方法. 就拿肇事司机故意辗死人来说, 如果我们只是一昧地骂那个司机丧尽天良之类的话, 是于事无补的. 今天这个司机被抓了, 明天还有更多的司机重演着悲剧. 有时制度的建全与完善比单纯的道德教育来得更直接更奏效.
In my opinion, after an incident takes place, on top of studying the matter itself, we should also seek the fundamental solutions to prevent it happening again. Take car accidents for example. If we merely curse the driver, it contributes little to the whole affair. Today we can arrest this driver and punish him, but tomorrow a lot more drivers will play the same game. Sometimes the establishment and perfection of a system count more than single moral education.