Shanghai ” good man law ” national first aid exemptions or ” good intentions to do bad &

Shanghai "good man law" in the first aid of the national first aid exemption or "do bad things" – a foreign woman on the public welfare channel for the heart and lung resuscitation of the fallen Jin Bo. In 2014, Liang Ya’s mother was in tears with a photo of Liang’s life. The new Beijing News News recently, the "Shanghai emergency medical service regulations" was formally implemented. The law, which is called "good law", first proposed the exemption of social first aid. It clearly stipulated that the act of emergency field rescue is protected by law, and it does not bear legal liability for damage to patients. Concern: full exemption or "wrong" in recent years, in public places, but no sudden illness will save "or" no one dares to save "phenomena. In June this year, the Beijing Metro Line 6 Hujialou Station to Lucheng direction on the platform, Jin Bo, deputy editor of the 34 year old Tianya suddenly collapsed, although the site visitors for treatment, but still died. In February 2014, Liang Ya, a 35 year old IBM project manager in Shenzhen, suddenly fell to the ground and died for 50 minutes. How to solve the phenomenon such as "no one dares to save" and "no one will be saved"? The new regulations formulated by the Standing Committee of the Shanghai Municipal People’s Congress emphasized that the act of emergency field rescue is protected by law and does harm to patients, and it is not legally liable according to law. It is also encouraged to actively participate in first aid training. The emergency ambulance scene, the "Regulations" provisions, the public found the needs of emergency patients, emergency call should immediately call the "120" hotline, can carry out emergency rescue in emergency medical dispatch personnel under the guidance of the emergency relief can also be carried out according to the site, to provide convenience for first aid. At the same time, the "Regulations" to encourage people with first aid skills, the implementation of emergency ambulance scene of critically ill patients; automatic external defibrillator and other emergency equipment in place configuration, trained personnel can use the automatic external defibrillator and other emergency equipment for emergency rescue. Because the first "social emergency exemption" has been put forward, this "good man law" has been praised so as to play a humanitarian role and mobilize social forces to participate in first aid. However, limited to the present level of the general public’s first aid, many netizens are worried about the presence of "bad things". Response: promote liability insurance to encourage the protection of social first aid regulations and what are the skills required for social first aid? The reporter found that the "first aid skills" appeared in many of the regulations, but did not clear the "first aid skills". In response, the Shanghai health and Family Planning Commission briefed reporters yesterday that after training by the Red Cross, pre hospital care institutions and other medical institutions, people can generally be identified with first-aid skills. The training mainly includes external pressure, artificial respiration, hemostasis, and binding and other related skills. The regulations currently do not provide for the certificate of first aid, but in practice, the training institutions will issue training certificates after the training and qualification of the first-aid skills. That is to say, the regulations do not have the first aid skill threshold for "good people" who are involved in first aid. Shanghai Health Planning Commission said that in order to eliminate the worries of rescuer and create a social atmosphere for actively participating in first aid, the regulations encourage and advocate the participation of ordinary citizens in emergency field rescue activities. For the "wrong" concerns may in first aid, the Shanghai Municipal Planning Commission said that Shanghai city encourages social organizations through commercial insurance, and other forms of reward, support and guide the public to participate in emergency ambulance scene, the relevant departments will also promote the liability insurance work, to encourage and protect the public participation in the emergency rescue. Question 1 why should social forces be encouraged to take part in first aid? First aid emphasizes time is life. It is very important for people around to rescue in time. It is understood that, besides Shanghai, Beijing and Hangzhou also encourage social forces to participate in first aid work. Such as "Beijing pre hospital emergency medical service Ordinance" provisions, to encourage medical emergency professional personal emergency personnel arrived at the emergency site rescue of urgent and severe patients, the emergency ambulance conduct site protected by law; and encourages them to learn medical first-aid knowledge, improve the ability of self and mutual rescue. Zhu Huadong, deputy director of the emergency department of the Concorde hospital, said that from the point of view of first aid, time is life. Many times accidents happen, but first aid personnel are hard to get to the scene in time. If there is no need for rescuers to reach out help, it is very easy to delay the best time for emergency treatment until professionals arrive. "For sudden cardiac arrest, the emergency time it leaves us is very short. If we first aid in six minutes, the chance to rescue it is higher. But with the traffic situation in Beijing, even if the timely call the ambulance, professional staff can be a few minutes to arrive at the scene is also very rare, catch up with the traffic jam may be longer, so you missed the emergency time, so people around can timely rescue is very important." Question 2 whether the public first aid skills "pass"? First aid knowledge training rate is less than 1%, training is not very difficult, nor will it take too long. After Shanghai’s "good law" came out, some netizens said that the most concern is whether the social first aid force is reliable. "If the technique of first aid is not professional, the rescue can be saved, and it is still waiting for the professional personnel to be more insured." At present, what is the public first aid skills in China? Zhu Huadong introduced, compared with other developed countries, the public in our country is lack of knowledge and skills in first aid. "The training rate in this area can reach 30% to 40% in the developed countries, and some even reach 70% to 80%. Even 1% of our country is less than that. Maybe the developed cities such as North and Guangzhou are slightly higher. It was only in the past few years that people did not pay much attention to first aid training, and it began to realize the importance of it. " However, Zhu Huadong also said that in recent years, people’s enthusiasm for first aid training has risen, and social emergency behavior needs to be encouraged. At the same time, improving the skills of public first aid is not difficult. Nowadays, the training of first aid knowledge does not require ordinary people to reach the level of professionals. Training is not very difficult, nor does it take too long. "Now our public first aid knowledge training, simple only take half a day. Let’s take cardiopulmonary resuscitation as an example. When we are training, we will conduct guidance, including calling the emergency phone before you rescue, where to press, and what skills to use, press the depth and the frequency and so on. Of course, the different status of the skills needed is not the same, CPR is relatively simple, but with myocardial infarction or other diseases of the patients may need longer time, and which is suitable for social assistance, which is the need to wait for the professionals, these should be treated differently." Ask 3 how to avoid "good intentions to do bad things" situation? The law is not good enough to distinguish between active treatment or accelerated death. However, we should still advocate exemption. It is understood that although many social forces are encouraged to participate in first aid, it is clear that the damage caused by donors is not required for Shanghai. For example, the regulations on the protection of human rights and interests in the Shenzhen Special Economic Zone stipulate that the legal aid institutions shall provide timely assistance to the rescuers for legal aid due to disputes arising from the rescue actions and the civil rights and interests of the rescued persons. Zhu Huadong introduced that many countries had relevant laws and regulations, which could be exempt from responsibility for those who actively participated in the treatment. However, there were no corresponding legal provisions in China, which could not provide better judicial protection. "In fact, as long as have received relevant training, and carried out the rescue, regardless of the outcome, really should not bear responsibility. Of course, if you have no first aid knowledge, just blind, or try to avoid it. But from the legal point of view, whether you are a positive cure or the acceleration of death, this is not a good distinction. " Zhu Huadong thinks, should advocate and encourage social rescue and rescue exemption, the society should also avoid from ruin. "Now everyone is afraid of blackmail, the degree of trust is not high, including the old man’s fall, no one dares to help, someone has fallen down and nobody dares to save it. Such a phenomenon still exists, and some better safeguards should be given in the judiciary. In addition, we must realize that in many cases, if a person falls down, he will not save any opportunity and save some opportunities, so we must promote it. "Other" inventory of good law does not explicitly exempt [Beijing] "Beijing pre hospital emergency medical service Ordinance" was implemented in March 1, 2017 forty-fourth units and individuals that others have emergency medical needs, can call the emergency call, and to provide the necessary help. Individuals who are equipped with medical emergency skills should be encouraged to provide emergency on-site rescue for emergency, critical and critical patients before emergency personnel arrive, and the emergency field rescue behavior is protected by law. [Hangzhou] the regulations on pre hospital medical emergency management in Hangzhou were implemented in January 1, 2015. Thirtieth citizens can call "120" to call for help when they find urgent, dangerous or seriously injured patients. Citizens who are trained to get certificates and first-aid professional skills should be encouraged to carry out emergency on-site rescue according to operation rules for citizens who are urgent, dangerous and seriously injured. The emergency field rescue behavior is protected by law and not subject to legal liability. [Shenzhen] "Shenzhen Special Economic Zone salvors rights protection regulations" implemented in August 1, 2013 eighth due to rescue rescue behavior and rescued people from civil rights disputes request for legal aid, legal aid agencies should provide timely assistance.

上海"好人法"全国先行 急救免责或致"好心办坏事"-公益频道 一位外籍女士对倒地的金波进行心肺复苏。 2014年,梁娅母亲手持梁娅生前照片流泪。   新京报讯 近日,《上海市急救医疗服务条例》正式实施。被称为“好人法”的这项法规率先提出社会急救免责,明确规定“紧急现场救护行为受法律保护,对患者造成损害的,不承担法律责任”。   担忧:完全免责或出现“好心办坏事”   近年来,在公共场所突发急病却“无人会救”或“无人敢救”的现象屡屡发生。今年6月,北京地铁6号线呼家楼站开往潞城方向站台上,34岁的天涯社区副主编金波突然晕倒,虽经现场旅客救治,但仍不幸逝世。2014年2月,深圳35岁的IBM项目经理梁娅突然倒地,50分钟无人救助,最终去世。   如何解决诸如此类“无人敢救”“无人会救”的现象?由上海市人大常委会制定的新《条例》强调:紧急现场救护行为受法律保护,对患者造成损害的,依法不承担法律责任。并鼓励市民积极参与急救培训。   就紧急现场救护,《条例》规定,市民发现需要急救的患者,应当立即拨打“120”专线电话进行急救呼叫,可以在医疗急救指挥调度人员的指导下开展紧急救助,也可以根据现场情况开展紧急救助,为急救提供便利。同时,《条例》鼓励具备急救技能的市民,对急危重患者实施紧急现场救护;在配置有自动体外除颤仪等急救器械的场所,经过培训的人员可以使用自动体外除颤仪等急救器械进行紧急现场救护。   因为率先提出“社会急救免责”,这部“好人法”因此被称赞有利于发挥人道主义、能动员社会力量参与急救。但囿于目前普通市民的急救水平,有不少网友担心是否会出现“好心办坏事”的情况。   回应:推动责任保险鼓励保护社会急救   条例对社会急救有何技能要求?记者发现,“具备急救技能”在《条例》中多处出现,但并未明确何为“具备急救技能”。对此,上海市卫生和计划生育委员昨日向记者介绍,市民经过红十字会、院前急救机构及其他医疗机构培训后,一般可认定具备急救技能。培训主要包括心外按压、人工呼吸、止血、包扎等相关技能。条例目前对是否需要(急救资格)证书未作规定,不过实践中,市民经急救技能培训且考核合格后,相关培训机构会发放培训合格证书。   也就是说,《条例》对参与急救的“好心人”不设急救技能门槛。上海市卫计委表示,为消除施救人的后顾之忧,营造积极参与急救的社会氛围,《条例》鼓励和倡导普通市民参与紧急现场救护活动。   对于在急救中可能出现“好心办坏事”的担忧,上海市卫计委称,上海市鼓励社会组织通过商业保险、奖励等形式,支持和引导市民参与紧急现场救护,有关部门也将推动有关责任保险等工作的开展,以鼓励和保护市民参与紧急现场救护。   追问1   为何鼓励社会力量参与急救?   急救强调时间就是生命,身边民众能否及时施救非常重要   据了解,除了上海之外,北京、杭州等各地也同样鼓励社会力量参与急救工作。如《北京市院前医疗急救服务条例》规定,鼓励具备医疗急救专业技能的个人在急救人员到达前,对急、危、重患者实施紧急现场救护,其紧急现场救护行为受法律保护;且鼓励个人学习医疗急救知识,提高自救、互救能力。   协和医院急诊科副主任朱华栋介绍,从急救的角度而言,强调时间就是生命。很多时候意外发生了,但急救人员却难以及时赶到现场,如果需要急救者身边没有人伸出援手,很容易耽误最佳的急救时间,等到专业人员赶到,也可能难以救回。   “拿心跳骤停来说,它留给我们的急救时间非常短,如果六分钟之内进行急救,那么救回的可能性才高一些。但是以北京的交通状态,就算及时呼叫了急救车,专业人员能几分钟之内到达现场也非常罕见,赶上堵车可能时间更长,这样就错过了急救时间,因此身边的民众能否及时施救非常重要。”   追问2   公众急救技能是否“过关”?   急救知识培训率不到1%;培训难度不大,也不会耗费太长时间   上海“好人法”出台后,有网友表示,最关心的是社会急救力量是否靠谱。“如果急救的手法不专业,把能够救回的救坏了,那还是等待专业人员更加保险”。   目前,我国公众急救技能究竟如何?朱华栋介绍,相比其他发达国家,我国公众在急救知识与技能方面较为欠缺。“这方面的培训率,发达国家能达到30%至40%,有些甚至达到70%到80%,而我国连1%都不到,可能北上广深等发达城市稍微高一些。以前国民不太重视急救培训,这几年才开始认识到它的重要性。”   不过,朱华栋同时表示,近几年民众对急救培训的热情上涨,且社会急救行为需要鼓励。与此同时,提高公众急救技能并不难,现在的急救知识培训不会要求普通人达到专业人士的程度,培训难度不大,也不会耗费太长时间。   “现在我们公众急救知识方面的培训,简单的只需要半天时间。还是以心脏骤停时的心脏复苏为例,培训时我们会进行指导,包括你施救之前应该拨打急救电话、应该按压哪个部位、用什么手法、按压深度与大概频率等等,这些学起来都是比较简单的。当然,不同的状况所需要的技能不一样,心肺复苏比较简单,但是碰到心梗或其他疾病的病人,可能需要的时间就更长,以及包括哪些是适合社会施援的、哪些是需要等待专业人士的,这些也要区别对待。”   追问3   如何避免“好心办坏事”情况?   法律上不好区分是积极救治还是加速死亡,但仍应提倡免责   据了解,虽然多地鼓励社会力量参与急救,但明确提出施援者造成患者损害不需承担法律责任的仅上海一地。如《深圳经济特区救助人权益保护规定》仅规定,救助人因救助行为与被救助人产生民事权益纠纷请求法律援助的,法律援助机构应当及时提供援助。   朱华栋介绍,很多国家已经有相关法律条文,对于积极参与救治者可以免责,而我国目前还没有相应的法律条文,无法提供司法上的更好保障。“事实上,只要接受过相关培训,并且进行了施救,不管结果如何,确实不应该担责。当然,如果你一点急救知识也没有,只是瞎治,还是要尽量避免。不过从法律角度来说,到底你是积极救治,还是加速死亡了,这个的确不好区分。”   朱华栋认为,应该提倡鼓励社会施救及施救免责,社会也应该避免见死不救。“现在大家都怕讹诈,信任度不高,包括老人倒地没人敢扶,有人倒下了没人敢救。这样的现象还存在,司法上应该给予一些更好的保障。此外大家一定要意识到,很多情况下一个人倒下了,不救,一点机会都没有,救了,还有一些机会,所以一定要提倡。”   ■ 盘点   其他“好人法”未明确免责   【北京】   《北京市院前医疗急救服务条例》   2017年3月1日实施   第四十四条 单位和个人发现他人有医疗急救需要的,可以拨打急救呼叫电话,并提供必要帮助。鼓励具备医疗急救专业技能的个人在急救人员到达前,对急、危、重患者实施紧急现场救护,其紧急现场救护行为受法律保护。   【杭州】   《杭州市院前医疗急救管理条例》   2015年1月1日实施   第三十条 公民发现急、危、重伤病员时可以拨打“120”电话呼救。鼓励经过培训取得合格证书、具备急救专业技能的公民对急、危、重伤病员按照操作规范实施紧急现场救护,其紧急现场救护行为受法律保护,不承担法律责任。   【深圳】   《深圳经济特区救助人权益保护规定》   2013年8月1日实施   第八条 救助人因救助行为与被救助人产生民事权益纠纷请求法律援助的,法律援助机构应当及时提供援助。相关的主题文章: