有行为者,担其责。扶人事件已数见不鲜,但结果多为帮助者承担法律责任,成为实际的受害者,而被扶者因不当行为被追究责任的则比较鲜见。本文结合案例,从行为特点、责任与义务的平衡和涉及的刑法罪名,尝试对被扶者的行为进行刑事评价,探析行为背后的法律责任,从而为司法实践提供借鉴。 Actors, take responsibility. However, as a result, most of them have taken legal responsibility as assistants and become actual victims. However, it is rare for those who are helped to be held accountable for misconduct. Based on the case study, this article attempts to evaluate the behavior of the detainee from the balance of responsibility, duties and obligations and the charges of criminal law involved, and probes into the legal responsibility behind the behavior so as to provide reference for judicial practice.