Editor’s note: On September 8, 2015, a college girl, Xiao Yuan, bicycled with an old man who fell to the ground. After the old man was injured, she said she called 120, and then the old man identified Xiao Yuan as the one who hit him.
[…] The same night, Xiaoyuan posted a microblogging claim that she was falsely accused of being the perpetrator for helping an old woman, and hoped to find witnesses through microblogging to prove her innocence, which instantly triggered a heated debate among netizens. The police have retrieved the only surveillance images of the surrounding area where the old man and Xiaoyuan appeared together, but failed to present the moment the old man fell to the ground. The company’s main goal is to provide a comprehensive range of products and services to the public. The company’s main business is to provide a wide range of products and services to the public. A year later, in March 2017, the court made a first instance verdict, and Xiao Yuan was found to be required to bear primary responsibility. The amount of the elderly’s various losses totaled more than 100,000 yuan, of which Xiaoyuan had to bear 70%, or more than 70,000 yuan. The court’s executive board told Gui Qingying’s family that the compensation was in place on April 20, 2018.
Welcome to Today 20151030, “Hitting someone, or blackmailing someone”.
I learned of her death a week ago, and few of the deaths I’ve experienced have touched me this much.
Her name was Gui Qingying, born on April 16, 1947, and died on May 15, 2018, at the age of 71.
In 2015, Gui Qingying was at the forefront of public opinion because of an incident in which a college student was blackmailed for helping an elderly person. She can’t read or write, she doesn’t go online, and she can’t even see some of the online abuse. Later, the law cleared her to a certain extent, but she was no longer mentioned. Just like in this topic, she is only the “old man”, the young girl is a “college student”. That’s all.
When the emotions of the times come roaring in, I don’t know if personal fate is worth mentioning.
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At 21:06 on the evening of September 8, 2015, junior Xiaoyuan sent a microblog: “This morning helped an old woman who fell, saw the seriousness of the situation and dialed 120 for her, and the family of the old woman relied on me to take full responsibility …… for the witnesses who passed by the gate of the division this morning. The first thing I want to do is to give the college student a fair chance. Thank you.”
The microblogging fermented within the next few hours and was soon retweeted and liked by more than 10,000. After the media followed up on the story, the old lady said the college student hit her. Within a few days, the story reversed and reversed again.
In late September 2015, I came to Xiaoyuan’s school, eager to meet her, she rejected me via text message, I tumbled to her friend Xiao Cai.
The campus was beautiful, with sunlight filtering through the shady green trees, dappling the ground, and Cai and I sat on the grass and started talking.
“Have you ever seen the movie ‘Ambush from Ten Faces’?” This is the first thing he asked me, “I have this feeling right now, it’s really an ambush from ten sides. What you say others do not believe, what others say you do not believe, so scary. The most basic trust between people is lost.”
For this 20-year-old student, everything that has happened in the past few days has been a completely foreign experience.
On September 8, 2015, at 8:00 a.m., Cai received a call from Xiao Yuan, whose exact words on the other end of the line were, “Come to the hospital, I may have hit someone.”
Xiao Cai still remembers his first reaction was very surprised: “What do you mean may have hit someone? The first thing you need to do is to get to the hospital.
Xiao Yuan told him at the time: “I can’t say clearly, you come first, come and talk.” He also said, “By the way, bring some money, I only have breakfast money on me, later to take a taxi are no money.”
From that day on, Cai seemed to have fallen into a time tunnel that kept repeating itself. He told me that for many days in a row, he had to repeat over and over to his teachers, friends and online friends what happened before and after he received a phone call from Xiao Yuan on September 8.
Get up, get money, go to the hospital. In the emergency room, Cai met two of Xiao Yuan’s housemates, who also received the call and rushed over to help. There was also a middle-aged woman, that was the old man’s daughter-in-law. This time the doctor came out and said the old man had to be hospitalized with a fracture and asked who had brought money. After asking around, only Xiao Cai had enough money on him, and he went to pay a deposit of 2,000 yuan.
After a while, Xiao Cai finally met Xiao Yuan and asked, “What the hell is going on?” The reason for this is that the company’s business is not only a business, but it is also a business. The reason she said on the phone that she “might have hit someone” is because she wasn’t sure. She said she was the only one who passed by the old man, but she did not have any feeling of scraping.
Xiao Cai told Yuan: “really not sure, go to the school counselor this afternoon to find it, transfer the monitoring, there should be monitoring in front of the school, it’s all clear.”
This is what Xiao Cai can remember, the whole morning happened.
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The first microblogging wording sent by Xiaoyuan that evening was: “The family of the old woman relied on me to take full responsibility”, “monitoring shows that my distance from the old woman is not enough to hit her”, “seeking witnesses who passed by the gate of the division this morning”.
This is the first time I’ve ever seen a woman in the world who has been in the middle of a car.
In fact, that afternoon, Xiaoyuan went to the police station next to the school to check the monitoring. The part that can be seen in the monitor is: the old man appeared in the picture first, walking forward, not fast, and then Xiao Yuan, riding a bicycle appeared. The two disappeared into the picture one after another. Further ahead is the dead end of the surveillance, the screen does not extend to that part.
Monitoring records Xiaoyuan cycling past before the old man had walked (author’s photo) Monitoring records Xiaoyuan cycling past before the old man had walked (author’s photo)
How exactly the old man fell to the ground, and was not recorded. A few seconds later, another person on a bicycle jerked back, and by then the old man should have fallen to the ground.
Xiao Yuan was interviewed by a local TV station afterwards, saying that another girl was also at the scene when the incident happened, and also helped the old man with her, but then walked away. He sent a microblogging, “just to find the witness, after finding I thought it should be finished well”. Also said that before the girl left, had said a “morning eyes to see the porcelain bumper”, but also saw her take photos, sent a circle of friends.
Microblogging went an hour and a half later, the witness to find really contacted Xiaoyuan through a private message, she was a student in the next school. She texted Xiao Yuan, “I saw the distance between you, you didn’t hit anyone.”
Later, the girl, who was also interviewed by the media, said she saw a distance of about three or four centimeters between Xiaoyuan and the old man. When the reporter proposed three or four centimeters is a very short, may not see the distance, she replied, “Anyway, in the middle I can see there is a distance, see the middle of the seam, did not hit.”
And in the microblogging, Xiao Yuan supporters are very crowded. With this microblogging is a lot of forwarding, “college students to help the elderly anti blackmail” began to be the major news media attention. After the media became involved, another side of the story was revealed.
When I arrived in Huainan in late September 2015, Gui Qingying was still bedridden and in a bad mood. Her children explained that she was apprehensive about the upcoming surgery. The elderly person was 68 years old at the time, unable to move her right thigh, and was elevated with traction at the calf. In the hospital bed, the old man’s injured leg was like an old tree trunk, glowing an unhealthy greenish-yellow color.
Xu Jiangfa, the attending orthopedic surgeon, told me that the old man had a fracture of the femoral trunk of the right thigh, “the elderly have osteoporosis, and it is a long oblique fracture with some broken bones underneath, so the situation is not good.” He took out the X-ray taken after the old man arrived at the hospital on September 8, and I asked the old man whether the fracture injury was new or old. He stammered for half a day and whispered, “It’s not easy to tell.” When the camera was turned off, he told me clearly that it was a new injury, not a previous one.
Huainan Eastern Hospital issued an X-ray: the elderly right leg femoral stem fracture long oblique type (author for the picture) Huainan Eastern Hospital issued an X-ray: the elderly right leg femoral stem fracture long oblique type (author for the picture)
A few days later I went back to the hospital and the old man was about to prepare for surgery. My son carried her from the bed to the stretcher, but the old man still did not say a word, frowning from time to time, and several children looked apprehensive. In fact, the old man should have been operated long ago, but the doctor said, “she is anemic, and a senior state, the situation is not very good”, so hang a dozen days of medication, until the indications for surgery.
The elderly before surgery (Photo by the author) The elderly before surgery (Photo by the author)
A few hours later, the operation was successful and the old man was finally in a much better mood. She told me: On September 8, she went out to buy her usual breakfast after 7:00 a.m. At an intersection not far outside the village, she was knocked down by a man on a bicycle. After falling to the ground, her leg was injured and twitching, and the girl on the bike took the initiative to come back and hold her leg.
The old man wasn’t sure where the other person touched her, but just repeatedly stressed, “She vaulted me head over heels.” The old man still remembers that the university student came back to help her, “straight talk ‘no bleeding’, that means talk may not matter. But the leg is broken, and it’s there to support it!”
And for what happened at that time, Xiao Yuan’s account is: she was riding to the entrance of the school when she saw an old man in front of her, “walking a little unstable, and then swayed left and right, I wanted to stay away from her”, Xiao Yuan said she did stay away after, “there is enough distance”, but after riding past the old man felt the difference – “suddenly heard the sound of the old grandmother in the back, on the kind of painful moaning sound, and then hurried to look back, and then saw the old grandmother fell to the ground, and then I went to help her well”.
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The company’s main business is to provide a wide range of products and services.
The second one also @ the faculty of the college, the radio station and the league committee, “for everyone to wake up, the quality of college students is not to be blackmailed by others”.
September 9, 9:39 am, she sent another microblogging said: “I admit that the beginning of the wrong treatment, should not accompany the aunt to 120, and should not find friends to help, but I a person, they two people bite is I hit, how do I explain more powerful? …… well, now seized that I admitted yesterday? I admit it?”
More than one person said Xiao Yuan “admitted”. The place where the incident took place is next to the school, the janitor Mr. Wu was the first to join the rescue. He said he first saw two people squatting on the side of the road, curious to go over to see, see the students holding the old man with one hand, one hand pressed the old man’s injured leg. He noticed that the old man was trembling and didn’t say a word. He asked what happened, “This college student then spoke, she walked normally, ‘a turn, a turn back, I ran into’.”
The photo taken by passers-by at the time of the incident, Xiaoyuan supported the elderly, white clothes is the janitor Wu. (Author’s photo) The photo taken by the passerby at the time of the incident, Xiaoyuan holding the elderly, white clothes is the janitor Wu. (Author’s photo)
I repeatedly confirmed to Mr. Wu, the original words of the university student is indeed “I met”? He affirmed to me that he said this, not afraid of netizens to find him.
A neighbor from the same village as Gui Qingying, Zhu Daohua, said she was passing by to buy food, sitting on the back seat of a motorcycle, and asked: “Is this a fall or what happened, what happened? That student spoke, auntie is I touch, is I touch, spoke twice.”
Later, Gui Qing Ying’s daughter-in-law also called 120, the ambulance came, the doctor and nurse on the emergency vehicle at the time had later expressed in a television interview, heard Xiao Yuan say that she had hit the elderly.
In the face of all the questions, Xiaoyuan could not explain herself. She had explained: “I was really a little confused, because why? (I) passed the old man right, the old man next to no one passed, only I passed. I passed by only two possibilities, one is the old man himself fell, one is I accidentally touched, but I do not know. I can not exclude this situation.”
On Weibo, Xiao Cai sent a long microblog in defense of Xiao Yuan, stating that the 2,000 yuan medical bill was paid by him, not by Xiao Yuan out of guilt to help the old man, another witness found also helped Xiao Yuan to speak out.
The netizens are still overwhelmingly in support of Xiaoyuan.
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The company’s main business is to provide a wide range of products and services to the public. Until the media repeatedly found the ward, they only know that the original college students said they “porcelain”.
The children of the elderly, who are in their forties, only then began to learn to go online, register microblogging, reading messages. One by one over, at first it was sleepless, “angry enough”. They are particularly angry at the “porcelain” argument, think that all point to the good, innocent, vulnerable old mother. They do not talk about it in front of their mothers.
“My mother does not even know what ‘porcelain’ means. Besides, can she find a bicycle to ‘bumper sticker’? Or is she walking in front?” Gui Qingying’s youngest daughter, Meng Fangyun, said.
The daughter-in-law of Gui Qing Ying said she actually always believed in Xiaoyuan, this trust comes from Xiaoyuan has been sent to the elderly to the hospital, but also advanced the medical expenses, she felt that Xiaoyuan is responsible. She said that when the old man was to be hospitalized, “the girl discussed with me, said not she hit, said it was (the old man) himself planted, said to use the medical insurance card hospitalization, to pay the money to her to alleviate a little cost, less money, so to speak.”
In Gui Qing Ying’s view, Xiao Yuan reminded this because if the old man was injured in his own fall, he can enjoy the “New Agricultural Cooperative” insurance to reimburse most of the medical expenses; if he was hit by someone, there is a responsible person, can not be reimbursed through this method.
The daughter-in-law said that she agreed to the proposal because of Xiao Yuan’s good attitude. Ms. Wang, who was sitting in the bed next to Gui Qingying, told me that she also heard Xiao Yuan mention the medical insurance card: when the doctor told the old man’s daughter-in-law to go home and get a quilt and a towel, she heard the college student say, “She said you want the medical insurance card to bring it, bring it to tomorrow’s report (reimbursement) for a good point.”
Xiao Yuan left her phone number and gave her daughter-in-law her student ID card, so her daughter-in-law was relieved to go home and get her things, leaving Xiao Yuan alone in the hospital with the elderly. Ms. Wang said she remembered that Xiaoyuan went out to answer the phone twice, and each time the call took a long time. By lunchtime, she reminded Xiaoyuan to buy some food for the elderly, Xiaoyuan went out to buy white rice porridge, stewed eggs, “feeding the old grandmother and poop, she was busy wiping the old grandmother poop, to her to engage, to her to get …… all this college student is doing.”
Later, Xiaoyuan said he had class in the afternoon and left.
That afternoon, Xiaoyuan went to check the monitor in the company of the counselor. A few hours later tweeted.
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The next thing I want to do is to wait for the results of the police to clear my name. I think the next thing to do is to wait for the police results to clear my name! Thank you very much, justice is in the hearts of the people.”
On September 10, she posted: “It’s been three days since the incident, and I’ve been anxiously waiting for the police’s reply. Today, I had a private message from a friend saying that the other party’s family was using the relationship, the clearer the clearer it is! …… Why are things up to now no results? Anyone can tell me what to do?”
On September 21, 13 days after the incident, the traffic police department of Huainan City issued a road traffic accident certificate on the matter, which found that the two sides were “scraped together”, of which Xiaoyuan was primarily responsible, and Gui Qingying elderly was secondarily responsible. For the division of responsibility, the certificate explains: Xiaoyuan observation of the road is not enough, driving in the opposite direction, is the direct cause of the accident; the elderly did not take the sidewalk, is also the cause.
The traffic police determination letter (author’s photo) The traffic police determination letter (author’s photo)
The company’s main business is to promote the development of the company’s products and services. She said she didn’t want to see netizens berating the old man and his family, but she didn’t recognize the police’s determination and had applied for a review.
The author of the microblogging content after receiving the determination of the traffic police (photo by the author) Xiao Yuan’s microblogging content after receiving the determination of the traffic police (photo by the author)
When I found the local traffic police team, they were in a frenzy over the matter. The traffic police staff reluctantly told me that the public security department was investigating the matter with “the standard of a criminal case”, and even mobilized more police officers than needed to investigate, and the evidence and witnesses were well vetted. On the other hand, they were distressed by the huge discrepancy between what was said on the Internet and what they believed to be true.
Huainan City Public Security Bureau Traffic Police Detachment Tianjiaan Second Brigade Captain Chen Liwei explained to me that the witness Xiao Yuan found also came to the public security organs to give testimony, she was about 30 meters away from the incident, “it is very difficult to see, the subjective aspect is relatively large, with the perspective of analysis”.
Chen Liwei said they found another key witness in the investigation, that witness confirmed that he saw the moment the two collided. That witness’s distance, the way he was involved in the traffic, the angle, etc. can match, “a direct witness, he is a witness, a witness, and the two parties do not have any relationship”. And this key witness applied to the police for confidentiality. The police told me that the witness said several times during the deposition, “It’s too much pressure.”
Finally, a combination of all sorts of things, the police made this accident determination, “is indeed sufficient, not mixed with any subjective assumptions.
Chen Liwei said: “This is a traffic collision accident, not complicated. The only complication is that it is not the kind of violent impact, just scraping. She (Xiao Yuan) if she speaks and she does not feel, then only she knows.”
Traffic police interviewed by the program (photo by the author) Traffic police interviewed by the program (photo by the author)
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A month since then, my show is done. At that time, the two sides had just received a review made by the traffic police, which still found that the two sides “scraped each other” and that Xiao Yuan was primarily responsible.
I gave Cai a call and told him the program was going to be broadcast. I hope he can look at the program, but also let Xiao Yuan look at the program.
The company’s main goal is to provide a comprehensive range of products and services to the public. The two of them are the same. He also said that the two did not discuss the matter much later.
I was very impressed by two of Cai’s microblogs: one used the most well-intentioned motive to defend Xiaoyuan and the whole thing – “I can be sure that the moment Xiaoyuan started to pick up the old man, he definitely did not feel that he had hit the talent to help.”
Another microblog is a few rhetorical questions, deeply point out the pain of this era – “not you hit, why to help? Not you hit, why send to the hospital? The first thing you need to do is to get a good idea of what you’re doing. If you didn’t hit it, why did you help? Can’t you do all these? These questions are quite chilling.”
He and Xiao Yuan’s few microblogs, injected with their own doubts, but also do not know how many people point to the block.
After the show aired, I didn’t get a message from Xiaoyuan’s side. In fact, we drove to Xiao Yuan’s old home to see it. Several of her neighbors told me that they knew about it too. I asked a 5-year-old boy if he would help an elderly person who had fallen. He firmly said no, milking his voice but not pretending, “Mom said not to help”.
The group’s concern passed like a wave. After that, I only sporadically learned about the recent life of the two parties.
After the traffic police’s accident certificate was made, there was a coordinated mediation between the two sides, and Xiao Yuan didn’t go. Her microblogging has not been updated for almost 3 years after that incident, however, the microblogging set the automatic occurrence of the day status every year. 2017 birthday status microblogging under 58 comments, most of them wishing her a happy birthday; 2018, 14 comments, “happy birthday, support you, do not ask why,” “It’s been three years”, “Happy birthday, in a few years, the blackmail in China will be made into a documentary”.
On January 9, 2016, the judicial appraisal assessed that Gui Qingying lost more than 10% of the function of her right lower limb because of this traffic accident, and was assessed as a ten-level disability in road traffic accidents.
On March 10, 2016, the court accepted Gui Qingying’s side of the lawsuit, and the old man’s lawyer, Han Ming, told me that the court also handled the case cautiously because of the pressure of public opinion. At first, the old man’s family was reluctant to mediate, and they still held a lot of grievances against Xiaoyuan that had not been relieved. Meng Fangyun also suggested that, in addition to the lawsuit for civil compensation, they wanted to file a lawsuit for reputation rights.
Later the court said, “people are college students, life is just starting, don’t let her carry too much shadow”, the lawyer also did a lot of pacification work, the elderly party finally agreed to mediation, they only made a request to Xiao Yuan, hope she can delete the microblogging and apologize. But Xiaoyuan did not agree.
The court’s mediation went on from spring until winter, without success, and Xiaoyuan never showed up at all. “Many times, we dealt with her lawyer each time.” Chen Kai, the elder’s lawyer (intern), told me that the mediation was uneventful from the start, and the two sides continued to disagree on the factual findings, with Xiaoyuan always just insisting that she hadn’t hit the elder.
The longer the mediation, the more irreconcilable the confrontation between the two sides. in March 2017, the court made a verdict: Xiaoyuan was found to be primarily responsible. The old man’s losses amounted to more than 100,000 yuan, of which Xiaoyuan had to bear 70% of the main responsibility, or more than 70,000 yuan. The court finally found that the “amount is high”, discretionary determination of “6,000 yuan” for Gui Qingying claim of 20,000 yuan moral damages.
In the end, Xiao Yuan was required to compensate Gui Qingying with a lump sum of 77,500.28 yuan within 10 days of the verdict. The company’s main goal is to provide a comprehensive range of products and services to the public.
“At that time, Xiaoyuan has also graduated, to work in the field, we still can not get the money, there is no way, we applied for enforcement. For this matter, we have communicated with the court several times, the court side should also do a lot of work.” Chen Kai said.
April 20, 2018, the court executive board told Gui Qing Ying elderly family, compensation in place, can come to collect.
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The day she received the compensation, Gui Qingying also went to the court. The court’s execution money will be paid directly to the person’s account, and if it is collected on behalf of the person, a written power of attorney must be written. The court suggested that the old man be present to confirm in person in order to avoid other disputes.
Meng Fangyun said that day, when she was finishing her mother’s clothes, Gui Qingying only asked, “Where to?” She replied, “To take care of your business.” Gui Qingying didn’t ask any more questions. When they arrived at the court, they let the old man press his fingerprints, nodded their heads, and finally, they got more than 70,000 yuan in compensation.
The company’s main business is to provide a wide range of products and services to the public. The process of receiving money is fast, less than 20 minutes, the elderly did not speak.
The company’s main business is to provide a wide range of products and services to its customers. In all the mediations and lawsuits over the years, Yuan never showed up. Meng Fan Yun’s greatest hope was to receive an apology, but she did not.
The case acceptance fee of 2,485 yuan by the plaintiff Gui Qingying family prepaid, at this time the lawsuit has a final decision, Xiaoyuan should bear this 1763 yuan, and finally the court consulted them and asked them to reduce the money, they still agreed.
Chen Kai said: “We also understand that the defendant has just worked not long, the family’s economic conditions are not very good, the elderly side is not necessary to this money, is to restore the facts. Since the court has identified, the elderly will not be serious with young people.”
The day after receiving the compensation, Gui Qing Ying suddenly died.
Everything is not without warning. Meng Fangyun told me that since the fracture in 2015, the biggest change in her mother is that she talks less, often without a few words a day.
She said she often saw her mother touching the scar on her right leg, and if she asked what was wrong, she would say, “That girl touched it.” Then she would sigh and stop talking. Underneath the scar was a surgical incision, in which a palm-sized steel plate was placed, which was not removed even after the old man died.
Although the surgery was a success, the after-effects were inevitable. Meng Fan Yun said: “My mother at that time to get up, go to the toilet or something, squatting up must hold something. Every time she got up, she had to be pulled, and often loved to fall.”
After returning from the court, Gui Qingying became bedridden and did not eat or drink much. She had no other illnesses, so she did not go to the hospital. One by one, her children came home from abroad to see their mother. Meng Fan Yun still remembers that on May 3, she came home and saw her mother asleep in bed, having lost some weight, but at that time she fed her mother and ate fruits, and she ate them all.
She could only think, “Mom just wants to go, the body is a torture for her. At that time, Gui Qingying also suffered from urinary retention (urinary incontinence) and carried a diaper all day long; her legs were also injured and she could not walk easily. “She used to live alone and liked to walk, take walks, visit doors, watch people play cards and talk to people. This incident had a great impact on her mood.”
On Mother’s Day, the old man’s son suddenly sent me a WeChat message saying he was sad and he felt his mother was not well. Gui Qingying does not have other sudden illnesses, but has not eaten or drunk for several days. He said with a sobbing voice, “Maybe it’s just a matter of a day or two to go”.
Two days after Mother’s Day, Gui Qingying left.
Postscript
It’s been three years, and I have a lot to say about Gui Qingying’s case, but I don’t know where to express it.
I remember when I first interviewed the old man, her hair was black and white, and when her children sent me pictures a year later, her hair was almost completely white.
At least in terms of legal facts, all the information and evidence is making the events gradually clearer and more and more favorable to the old man’s side. I also remember that Xiao Yuan’s school, including the traffic police and the court later, they mentioned several times that Xiao Yuan was a college student and did not want this incident to affect her future life.
These may also be prudent, thoughtful, humane considerations, but the complex lawsuit, mediation, compensation, these have also consumed the patience of the elderly children, they are also learning to digest those unexplained abuse on their own. These various, I do not know how much the late elderly understand, and how she self-explanatory, self-soothing, no one knows.
Xiao Cai has graduated, in a special equipment supervision and inspection center as an inspector. He said that he later and Xiaoyuan did not communicate with the elderly matter, “but we still have a good relationship. He did not know that Xiaoyuan’s lawsuit lost, but also did not know that Xiaoyuan paid the old man compensation. The two most informed people have been secretive about this matter.
Xiao Cai turned Xiao Yuan’s circle of friends and said she had gone abroad some time ago, “or very positive”. After saying a few words, he added, “Maybe I expressed a little contradictory, I myself feel very contradictory.”
The people’s Daily” has issued an op-ed article after this incident, 149 cases of controversy caused by helping people were analyzed one by one. 80% of the cases were finally identified, of which 32 cases of impersonation of good people hitting people, 84 cases of false accusations of helping people. In other words, the probability is that there are indeed more blackmailed elderly people. So, when the context of the times turns a traffic accident into a public event, fighting for justice for an old man who won’t take the initiative to speak out may not be so important.
The company has not waited for anyone to apologize to her. It’s as if it never happened.
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