those who would break the window of a hot car to save a child. Good Samaritan laws around

此法保護見義勇為人士，例如願意破窗拯救車內孩童免於悶死的人

the world offer different protections in different situations. So, what exactly are Good Samaritan

各國這類保護法的適用情況各有不同，究竟什麼是緊急救助保護法？

laws?

Well essentially, the law gives legal protection from being prosecuted, to those who attempt

首先，此法保護自願救助傷患的人

to help people that are injured, or in danger. The idea is that in some cases, people may

免除其法律責任，這是因為在某些情況下

think twice about assisting others if potentially threatened with a lawsuit. These laws are

人們可能因為害怕訴訟而不願助人

found around the world. However, some countries have caveats concerning the situations in

許多國家都有類似法律，不過有些對於適用情況有所限制

which they apply.

In many countries Good Samaritan laws simply protect the intervening party, as well as

很多國家的緊急救助保護法保護施救者

any medical professionals. However, not all parts of those countries have similar laws.

以及專業救護人員，但全國法律可能不盡相同

For example, certain regions of Canada, such as New Brunswick don’t have Good Samaritan

例如加拿大部分地區，像新布蘭茲維省便沒有緊急救助保護法

laws. But in Quebec, bystanders are legally required to step in and help. This is called

但魁北克省法律要求路人必須見義勇為

a “duty to rescue”.

稱為「救援義務」

This concept means that if you’re near somebody who needs help, you are required to step in,

這表示如果附近有人需要幫助，你就有義務幫忙或是報警

or call the police. Duty to rescue is found in Germany, Israel, and parts of the United

德國、以色列和美國數州都有救援義務規定

States. In fact, Israel even offers compensation to rescuers, and pays for any damages incurred.

如果因施救造成任何損失，以色列甚至會給予施救者補償

While in Germany, refusing to assist can be punishable by law. In the US, all but 8 states

在德國，拒絕幫助他人就構成違法，而美國除了8州以外

have Good Samaritan laws for individuals, and two have a duty to rescue.

都有緊急救助保護法，2州有救援義務規定

Additionally, some states apply the concept of “imminent peril”. This means that one

另外，有些州適用「緊急危難」的概念

is not protected under these laws if the person they are trying to help is not immediately

表示若救助對象沒有面臨重大危險或傷亡

facing significant danger, injury, or death. A common example is somebody who suffers a

施救者就不適用保護法，常見的例子是

car accident and is forcibly removed from the vehicle by a “Good Samaritan”. If

車禍傷患被見義勇為的人拉出車外

there is nothing demanding immediate attention, like the car being on fire, then the Good

若沒有任何急難，例如汽車著火

Samaritan is not protected by Good Samaritan laws. This is to avoid situations where injured

施救者就不受法律保護，這是為了避免不小心

people are inadvertently injured further.

加重傷患傷勢

On the flipside, countries with no protections have disastrous cultural results. China is

另一方面，沒有緊急救助保護法的國家面臨嚴重社會問題

well known for situations where Good Samaritans are sued by the people they help. This has

中國就是有名的例子，施救者常被受助對象提告

led to a phenomenon of bystanders outright refusing to assist those in immediate peril.

這造成路人拒絕協助面臨緊急危難的人

One particularly gruesome case was in 2011, when a toddler was struck by two vehicles.

2011年有個駭人聽聞的案例，當時一名女童遭兩輛車輾過

A video shows 18 bystanders walk past the injured child lying motionless, but they do

影片顯示18名路人經過受傷倒地的女童身旁

nothing to help her. In a survey taken later that year, more than 70% of those polled believed

卻無人伸出援手，事發當年調查顯示，超過7成受訪民眾認為

that the bystanders were afraid of getting in trouble for trying to help the little girl.

路人害怕幫助女童，會因此惹禍上身

As a global society intended to help each other in times of need, Good Samaritan laws

在現今患難與共的國際社會中，緊急救助保護法

prevent a chilling effect on this normal human behavior. The idea that one should fear retribution

避免人類互相幫助的行為遭到嚇阻。人們害怕協助他人

for offering assistance, and potentially saving a life, has no place in modern society.

甚至救人性命還會受罰的想法，是現代社會所不容的

If you want to dive deeper into the world of complicated legal and health related issues,

若你對法律和健康議題有興趣

check out our video here about the debate over assisted suicide. Please remember to

請看我們探討協助自殺議題的影片

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