Laws to protect chivalrous people when doing good deeds

On the morning of October 13, 2011, two-year-old Yue Yue was hit by a car outside her family’s store in Foshan, Guangdong Province, China. In the next seven minutes, 18 people walked past the girl, lying motionless and bleeding on the road, but no one stopped. Yue Yue was only saved when a garbage collector saw her and informed her parents. Yue Yue died after more than a week of treatment.

According toChinadaily, the camera recording the incident of little girl Yue Yue has sounded the alarm about the indifference towards people in distress in the locality. But instead of criticizing like the majority, a few people sympathized with the 18 passersby, saying that their fear of trouble was not without basis. Previously, in China, the story of "doing a favor and getting into trouble" was widely spread: Student Peng Yu (in Nanjing, Jiangsu) had to pay more than 45,000 yuan in compensation because he was accused of pushing a 65-year-old woman down at a bus stop. Peng Yu always insisted that he only helped the old woman up after she fell.

To encourage actions to rescue people in distress, in 2017, China recorded in Article 184 of the Civil Code that: Anyone who voluntarily helps people in distress in a time of danger and causes damage to the victim is exempted from civil liability.

The provision of exemption from liability for helpers that China has enacted has a special name: "Good Samaritan law". Good Samaritan law often appears in some countries with the Common Law system such as Canada, the United States and Australia...

For example, in the state of California, USA, a person who helps in an emergency does not have to pay compensation even if he or she causes damage (even death), as long as he or she acts reasonably, in good faith, and does not expect payment.

Suppose a person has a cardiac arrest in the street. Then another person comes along and volunteers to perform CPR as they were taught (15 chest compressions, two breaths), but the person dies. A short time later, paramedics arrive and tell them that the new CPR procedure is 30 chest compressions, two breaths. Even so, the person who helped would still be protected by the good-guy law because he is a layperson, does not need to be up-to-date on CPR, and did the best he could.

However, there are some exceptions to the good guy law. For example, a person who helps is not protected by the good guy law if he is also the one who causes the victim's danger. Medical professionals who provide emergency care are not protected by the good guy law because they have specialized knowledge and training and must follow certain procedures or standards.

According toCitylab, with the same purpose of encouraging help for people in distress, some countries or regions following the Civil Law system (such as Germany, France, Sweden,...) often issue regulations in the direction of "duty to help", that is, anyone who sees someone in distress but does not help can be prosecuted.

Vietnam is a country in this group with the regulation in Article 132, Penal Code 2015: Anyone who has the conditions but fails to help a person in a life-threatening situation, leading to that person's death, can be imprisoned for up to two years.

Israel requires bystanders to help those in distress and can be reimbursed later. In Germany, those who fail to help can be prosecuted, while those who help are protected by law if they acted in good faith, according to Citylab. In September 2017, three people were fined between $2,900 and $4,300 by a court for leaving an 83-year-old man collapsed at a bank entrance.

Regardless of the direction of the regulation, "good person law" or "duty to help", the purpose of the law is also towards social cohesion, promoting the spirit of helping others in times of trouble./.