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  • Legal Boundaries and Moral Bottom Line: The Persistence and Enlightenment of a Truck Driver

    Release Time:2024-08-07

    Recently, an event where a Didi driver in Shandong refused a customer's request to transport a corpse, leading the customer to threaten to file a complaint, has sparked widespread attention and discussion online, covering topics such as legal boundaries, professional ethics, humanity's shining light, and social responsibility. Most netizens supported and praised the driver's behavior, believing that he had upheld the legal and ethical bottom line. Some netizens also condemned the customer's unreasonable request and threatening behavior. In this article, we will analyze the event from a legal perspective.


    640 (16).jpgI. Recap: The Clash Between Refusal and Threats On July 31st late at night, Liu, a Didi driver from a certain area in Shandong, received an order. According to the agreed-upon time, he arrived at the location designated by the customer, ready to carry out a routine goods transportation task. When Liu was about to load the goods, he was shocked to find that the customer wanted him to transport not ordinary goods, but a lifeless corpse. This sudden and unexpected situation left Liu feeling extremely shocked and uneasy. Faced with this illegal and unreasonable request, Liu immediately refused. He explained to the customer that Didi was a platform specifically for goods transportation, and transporting a corpse was against the law and immoral. He firmly stated his position and requested the customer to cancel the order. The customer seemed to be confused by Liu's refusal and even tried to persuade him to change his mind by offering more money. However, Liu still insisted on refusing, emphasizing that it was not about money but about principles and the law. After being refused multiple times, the customer's attitude became more aggressive, threatening Liu that he would complain to the platform if he did not accept the job. The customer may have thought that by complaining, he could force Liu to accept the illegal task. After failing to communicate with the customer, Liu made a decisive exit from the car and no longer paid attention to the customer's persistence. After the incident went public, the Ele.me platform responded to the matter. They stated that Ele.me vehicles were not equipped to meet the conditions for transporting corpses, and advised the customer to choose a suitable platform for transportation. Regarding the driver's behavior, the platform expressed support and would take necessary action. At the same time, they also reminded drivers to negotiate with customers and cancel orders normally to avoid unnecessary disputes when encountering similar situations. 2. Legal Perspective: Ele.me's "Cannot" and "Should" When delving deeper into this incident, we cannot help but examine the behavior boundaries of the Ele.me platform and its drivers from a legal perspective. First, let's focus on the relevant laws and regulations related to the event to clarify the boundaries between "what cannot be done" and "what should be done". 1. Interpreting relevant regulations: According to the Regulations on Funeral Services, the transportation of corpses is a highly sensitive activity that requires strict adherence to specific procedures and conditions. It not only concerns the dignity of the deceased, but also involves major issues of public health and safety. Therefore, the regulations clearly stipulate the legal channels for the transportation of corpses, the procedures required, and the responsible parties, ensuring that the entire process is conducted legally, safely, and orderly. This regulation clearly defines the legal entities for the transportation of corpses, excluding the possibility of ordinary freight vehicles and drivers participating. For logistics platforms such as Dada DiDi, it is obviously not qualified or equipped to directly participate in such special transportation. Now let's look at the Road Transportation Regulations. This regulation sets clear service scope and limitations for the goods transportation industry. As a medium for goods transportation, logistics platforms such as Dada DiDi should strictly follow the relevant regulations and ensure that the goods they transport are legal, compliant, and safe. This means that the platform needs to conduct strict review and supervision at all stages of receiving orders, transportation, and delivery to prevent the circulation of illegal or prohibited goods. In the face of this incident, the Lalamove platform undoubtedly needs to deeply reflect on its regulatory responsibilities and the shortcomings of its response mechanisms. As a leader in the industry, the platform has the responsibility and ability to strengthen its review and selection mechanisms through technological means and institutional design to prevent similar incidents from happening again. Specifically, the platform can optimize its order review process, increase automatic identification and manual review of special and sensitive orders; at the same time, strengthen legal education and training for drivers, enhance their legal awareness and professional ethics, so that they can make the right judgments and choices when faced with similar situations. In addition, the platform should actively fulfill its social responsibilities by enhancing publicity and guidance to raise awareness and importance of legal transportation of corpses. Through case analysis, legal interpretation and other means, let more people understand the legal consequences and social impact of illegal transportation of corpses, thus creating a good atmosphere of joint supervision and maintenance by the whole society. 3. Legal Boundary Warning: Finally, we must emphasize that no commercial activity can cross the legal bottom line. Both the Lalamove platform and its driver individuals should strictly遵守 national laws and regulations and cannot take risks and violate the law for economic interests. Illegal transportation of corpses not only disrespects and insults the deceased, but also openly challenges laws and morality. Its legal consequences include but are not limited to administrative punishments, civil compensation, and even criminal responsibility pursuit; while the social impact is more profound, it undermines the public order and good customs, damages the industry's overall image and reputation. III. From Individual Case to Society: Building a Double Defense of Law and Morality Mr. Liu's behavior is not only a persistence in individual professional ethics, but also a profound lesson for the entire society's legal and moral construction. 1. Strengthening Legal Propaganda and Education Firstly, strengthening legal propaganda and education is the foundation for improving public legal awareness and building a rule of law society. Authorities should disseminate legal knowledge through various channels and forms, so that everyone can understand their rights and obligations, and know the consequences and costs of illegal behavior. In particular, targeted laws and regulations training should be strengthened for specific industries such as funeral services and transportation, to ensure that employees can master and strictly follow relevant laws and regulations, and avoid similar incidents from happening again. 2. Improving Supervision Mechanism Secondly, improving the supervision mechanism is an important guarantee for ensuring that laws are effectively enforced and social order is maintained. The government and platforms should work together to establish a stricter regulatory system to severely crack down on illegal transportation and other illegal activities. The government should strengthen its supervision and inspection of related industries to promptly discover and correct illegal activities. Platforms should also strengthen internal management and improve the order review and supervision process to prevent illegal orders from entering the system. At the same time, a sound reward system for reporting should be established to encourage the public to actively participate in supervision and create a good atmosphere of joint governance. 3. Promote Social Positive Energy Lastly, promoting social positive energy is an important approach to building a harmonious society and enhancing social civilization. The media should fully play its role in guiding public opinion and report more positive examples like Liu's to spread positive energy and inspire social morale. At the same time, we should encourage participation from all sectors of society through volunteer services and charity activities to create a clean and upright social environment. Only when everyone can consciously abide by the law and uphold morality can our society be more harmonious, stable, and prosperous. In summary, starting from Liu's case, we should deeply reflect and strengthen the construction of rule of law and morality. Through strengthening legal propaganda and education, improving supervision mechanisms, and promoting positive social values, efforts are made to build a dual defense line of law and morality, providing a solid guarantee for the sustained and healthy development of society. IV. Deep Thinking: The Harmonious Coexistence of Law, Morality, and Society There exists a delicate and profound dialectical relationship between law, morality, and society, in which they depend on each other and promote each other, jointly forming the cornerstone of social harmony and stability. Firstly, law and morality, as two important aspects of social norms, are complementary and indispensable to each other. Law, as a set of behavior norms guaranteed by the state's coercive power, is the bottom line and last line of defense for morality. It clearly stipulates what behaviors are permissible and what are prohibited, providing the basic framework and guarantee for the normal operation of society. Morality, on the other hand, relies more on the power of individual inner beliefs and social public opinion. It advocates higher-level behavior standards and value pursuits, serving as an effective supplement and sublimation of law. In the dialectical relationship between law and morality, it is not difficult to find that individual behavior choices are often influenced and constrained by both of them. A person who is content with merely obeying the law without striving for moral perfection may only meet the basic requirements of society and not reach higher levels of conduct. On the other hand, if a person consciously follows moral norms, he or she will usually consciously obey the law as well, because the demands of morality are often stricter and more comprehensive than those of the law. Furthermore, we need to recognize that individual responsibility and social responsibility are closely connected and inseparable. Everyone is a part of society, and should consciously obey the law and moral norms, and take on their social responsibility. This responsibility is not only reflected in individual behavior choices, but also in participation and contribution to public affairs of society. Only when everyone actively fulfills their social responsibility can a harmonious and progressive society become possible. Therefore, we need to continuously explore the optimal combination of law and morality, achieving harmonious coexistence between the two, and jointly building a more beautiful and harmonious society. Special statement: This article was written by a lawyer at JAVY Law Firm, and represents the author's personal views only, and should not be taken as official legal advice or recommendations from JAVY Law Firm or its lawyers. If you wish to quote or reproduce any part of this article, please indicate the source.

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