Is it true that the practice of distraining people with disabilities in Hebei internships?

[News background]

On the evening of July 9, Hebei Changli Railway Station, in order to rescue a suicidal passenger on a lying track, the trainee Li Boya's legs were cut off by the train.

On the 14th, the relevant person in charge of the Foundation for Proud Justice stated that Li Boya’s salvation is a job and cannot be judged as brave. Many people have expressed that this is difficult to accept.

Li Boya has saved her life. Is it a duty or a brave act? How can we give heroes the proper praise and affirmation? How can his future life be guaranteed in terms of rating?

[Core view]

One point of view

Judging whether it is job behavior or courageous, the key depends on whether the person who is saving lives is fulfilling its statutory obligations.

Second opinion

Even if it is to perform duties, it should be measured in degrees. Exceeding the responsibilities of legal duty to save oneself is a noble sentiment and should be seen as courageous.

Three points of view

Promote the uprightness of the society and ensure that the lives of people who are saving people will not be affected in the future. We should broaden the reward channels for heroes.

When asked whether it counts

Recently, the heroic deeds of Li Boya, the "Beauty student marshal", are widely circulated.

However, on the 14th, the person in charge of the Foundation for Justice and Respect for the Foundation stated that although Li Boya’s heroic behavior was indeed respectable and moving, he was engaged in duties and was doing things within the scope of his duties. This was stated in relevant laws and regulations. It cannot be judged as brave.

Indeed, the regulations on rewarding and protecting courageous people in many places all mention that: Being brave and arrogant means that individuals have illegally determined their duties to protect the country, the public interest, or the safety of others and their property, regardless of personal safety, and stop illegal crimes that are taking place. Behavior or rescue, disaster relief, and rescue of death.

These related provisions may be the basis for the above remarks.

So, does Li Boya's act of saving people really be brave?

According to reports, Li Boya is a student at the Railway Police College in Zhengzhou, Henan Province. After the incident occurred, the Youth League Committee had applied for the Zhengzhou Youth League Committee's "Courageous Youth" and applied to the Henan Provincial Communist Youth League Committee for the honor of "Save Your Own and Save the Youth."

The school Communist Youth League secretary stated that Li Boya’s identity is still a college student. During the summer training in Changli, Hebei, he was only an intern police officer and was not a real police officer. Therefore, it is inaccurate to claim that he saves people as a job, and there is no problem for him to apply for the title of bravery.

It is reported that on July 16, the Henan Provincial Committee of the Communist Youth League and the Youth Federation of Henan decided to award Li Boya the honorary title of "Henan Province is a good young man" and "Henan's outstanding Communist Youth League member".

In addition, the reporter also learned from Changli County, Hebei Province today that the Changli County government has decided to grant Li Boya the honorary title of “Seeing Valuables as Advanced Elements” and rewards it with 5,000 yuan.

Regarding the previous assertion that “Li Boya’s behavior is a range of duties and does not belong to a brave man”, Wang Aidong, Minister of Propaganda of Changli County, introduced that Changli County Politics and Law Committee is a county-level courageous reward assessment agency, and has never had any award for Li Boya’s “adventurous and advanced element”. Any doubts.

Two questions must conflict with each other

Li Boya's case has caused people to begin to pay attention to whether or not the courageous behavior and the position behavior are in conflict with each other. According to experts, in the relevant regulations, “individuals who have illegally determined their duties” may indeed exclude certain heroic acts that occur in the category of duties beyond the scope of courageous rewards and protection.

Job behavior and courageous behavior, the two must conflict on the determination?

Professor Feng Xiaoqing of the Civil and Commercial Economic Law College of China University of Political Science and Law believes that the so-called job behavior usually refers to the behavior of a staff member to perform his duties and is an activity to perform duties, which corresponds to the individual behavior of the staff. Job behavior should have multiple features such as authority, time and space, and identity. In addition, the judgment of whether the basis for the duty behavior, as well as the purpose of the standard of conduct. If a state agency staff member acts in order to perform statutory duties and obligations and maintain public interests, it is usually recognized as a duty.

However, regarding the criteria for the identification of the two, Prof. Feng Xiaoqing believes that in this matter, both in terms of morality and law, the determination of job behavior and bravery should reflect the uprightness of society and protect the lives of those who save as much as possible. Claim. When possible, the two are not contradictory and should be taken into consideration. It should not be a simple contradiction.

He said that while Li Boya is saving people during duty, he is still a college student in his identity. He is not a police officer with an official status; two people's lives are equal before the law. In the case of knowing that saving lives may endanger their lives, they also choose to save people, which exceeds their statutory obligations. Therefore, although he is performing his duties, his behavior can also be regarded as courageous.

In addition, according to Wang Aidong’s introduction, Changli County conferred the title of “just for the sake of righteousness” in the name of the government, because he “respects for saving people as a big righteous person, and he is courageous and courageous when he is at risk”. At the same time, Changli County will also report his advanced deeds and strive for the title of “Quality for Valor” in Qinhuangdao City and the title of “See Heroism for Heroism” in Hebei Province.

“As an academic police officer, it is indeed his duty to save people, but we do not think this can be completely separated from 'just for the sake of courage',” said Wang Aidong.

Three questions how to improve security

For the hero's future life, flowers and applause won't solve all the difficulties. In addition to the financing of surgery and medical expenses, professional psychological guidance, postoperative skill recovery, and necessary life support may also be required.

In this regard, the party committee of the Beijing Railway Public Security Bureau gave Li Boya a 200,000 yuan condolence fee. The railway department stated that after Li Boya graduated, if he is willing to work on the railway, he will be hired.

The reporter learned that the Railway Police College also made a decision and called on the teachers and students of the school to learn from Li Boya.

According to reports, the Railway Police Academy will reduce Li Boya's tuition fees and other related expenses to help them successfully complete their studies. After graduating from Li Boya, he will recruit his work to the school on the basis of his desire.

As of press time, the amount of donations made by the various social circles to Li Boya has exceeded 400,000 yuan.

Li Boya's future livelihood protection issues have already received the attention of the society and the concern of relevant departments. However, with these concerns and concerns, how can we form a system and guarantee the lives of similar heroes?

Guo Weidong, a high-quality partner of Beijing Jintai Law Firm, believes that because of Li Boya's status as an apprentice, he has no labor relations with the railway department and there is no personnel relationship with the Railway Public Security Bureau.

In order to prevent heroes like Li Boya from being injured on the one hand because of “performance of duties”, and on the other hand, because “there is no identity” is excluded from the scope of protection of the legal system, the provisions on the recognition and compensation of relevant work-related injuries in the existing regulations on work-related injury insurance should be improved. The accidental injury caused by work during the apprenticeship period was included in the scope of the employee's work injury.

In addition, in order to ensure that future lives of savers are not affected, they should also broaden the reward channels for heroes.

In actual life, there are many kinds of heroic behaviors, and bravery is just one of them. At present, there are many places that have issued courageous protection regulations and corresponding incentives to protect the rights of courageous people.

Experts believe that if these regulations can be perfected and broadened into a variety of heroic behaviors, they will better play the role of related regulations to encourage positive energy and promote social uprightness.

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