虎嗅

In Germany, whether to help an elderly person who has fallen is never a simple yes-or-no question.

原文:在德国,老人倒地“扶不扶”从来不是一道选择题

Summary of the Core Events

An elderly person in Qidong, Hunan, passed away suddenly while resting in a chess and card room. The owner of the room tried to help, but the family demanded 100,000 yuan in compensation. After the authorities determined that the owner was not at fault, the owner agreed to pay 19,000 yuan as a “humanitarian compensation” following mediation. When the owner’s son revealed the details of the incident, it sparked widespread anger online, and various groups donated a total of 120,000 yuan to support the owner. In the end, the family returned the compensation, and the owner donated all the funds to charity. This incident once again highlights the societal challenges surrounding helping the elderly, leading to deep discussions about how compensation is allocated based on noise and protest, the protection of good intentions, and the effectiveness of the legal system.

I. The Full Story: Good Intentions Turned into a Scam

The elderly person collapsed while resting in the room, and the owner immediately provided assistance and called for emergency services, doing what is morally the right thing (although the law does not require it). However, the family demanded a large sum of money and threatened to cause a scene if the owner did not pay. Despite the authorities confirming the owner’s innocence, the mediation process still resulted in the owner having to pay 19,000 yuan. The owner, running a small business, could not afford the loss of business and time. It was only after the owner’s son released the surveillance footage online and received support from entrepreneurs and figures like Luo Yonghao that the family returned the money. Nevertheless, the owner and his family suffered greatly.

II. The Painful Practice of “Allocating Compensation Based on Protest”

What is most infuriating about this incident is the practice of distributing compensation based on the level of noise and protest. The family, which was in the wrong, received money through their aggressive behavior, while the innocent owner was forced to compromise. Mediation organizations should uphold justice, but using “humanitarian compensation” as a cover for this behavior is tantamount to encouraging such behavior. It solves the immediate issue but makes everyone more cautious: in the future, who will dare to help an elderly person who might get scammed, or risk being criticized if they do not?

III. Legal Differences Between China and Germany

  • China: The law does not require assistance; failure to help is at most subject to moral condemnation, but helping someone and failing to succeed does not result in liability (Article 184 of the Civil Code). In this case, the owner did more than the law required but still faced compensation. The problem lies in the ineffective mediation.
  • Germany: The law states that failing to help someone in distress is illegal (up to one year in prison or a fine), but there is no liability even if the attempt to help is unsuccessful. There is no concept of “humanitarian compensation” in Germany, and the principle of “no fault, no liability” is strictly enforced. This means that people feel safe helping others.

IV. The Need for Protection for Good Intentions

In Shenyang, a pharmacy owner who helped a fainting elderly person was sued for 100,000 yuan and had to close the business after a four-year legal battle. Such cases increase the cost of doing good:

  • What if there is no surveillance to prove one’s innocence?
  • What if the family becomes aggressive?
  • Even if one wins the lawsuit, the time and effort invested are significant.

As a result, landlords are now reluctant to rent to the elderly, fearing potential compensation claims. This is a consequence of the lack of support for good intentions. In an aging society, everyone may need help at some point, and if no one dares to help, everyone will suffer.

V. Public Opinion Can Change Individual Cases, but How to Solve the Fundamental Issues?

This incident was resolved thanks to public opinion and donations, but it was a fluke. To encourage people to help the elderly, two key issues need to be addressed:

1. Strengthen the Law: Those who commit malicious fraud must face consequences; the cost of fraud should outweigh the benefits.

2. Improve Mediation: Incompetent mediation should not allow the innocent to suffer.

Confucius said that if Zilu had been rewarded for helping someone, more people would have dared to help. Good laws encourage kindness; bad laws only make people more indifferent. Hopefully, this incident will lead to improvements in the legal system, ensuring that good intentions are not left unprotected.

Although the incident has concluded, the question of whether to help the elderly remains. What we need is for laws and systems to provide the necessary protection for good intentions, so that people can act without fear of retribution. Only then will we be able to confidently extend a helping hand to those in need.