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在成都市龙泉驿引起人们热议,在此案中多辆汽车先后撞上一位60多岁的老人,前两辆车一看大事不好,驾车逃逸。最后一辆车车主撞到人后,主动电话报警。由于找不到前面的肇事逃逸者,死者家属只得将最后一辆车车主及保险公司诉至法院。最终法院的判决选择牺牲一部分人的利益,徒增其义务。判决中体现的法律追求的正义与社会道德的崇高道德诉求矛盾凸显。没有使肇事逃逸者承担其应有的义务,与人民法院“案结事了”的办案原则不相一致。近几年,社会上出现许多此类案件,探讨此类案件的意义不论对化解社会矛盾,还是对维护社会公平、不论对健全公平公正的司法裁判,还是对完善我国的法学理论体系均有着重要的意义。
Longquan Station in Chengdu, aroused hot, in this case more cars hit a 60-year-old man, the first two cars a bad event, driving escape. After the last car owner hit the person, take the initiative to call the police. Because they could not find the escapees in front of the accident, the deceased’s family members had to sue the last car owner and insurance company to the court. The final court’s decision to sacrifice the interests of some people only imposes its obligations. The contradictions between the legal pursuit of justice and the high moral aspirations of social morals reflected in the judgment are obvious. Did not make the accident escape those who assume their due obligations, and the people’s court case of “case of a” failed to deal with the principle of inconsistency. In recent years, there have been many such cases in the society, exploring the significance of such cases both in resolving social conflicts and in maintaining social fairness, both for the establishment of a sound, fair and impartial judicial adjudication and for perfecting China’s jurisprudence theoretical system Meaning.