Every reporter Zhao Na intern reporter Liu Chunshan every edited Zhou Wei

The first domestic bicycle death accident involving children under the age of 12 has officially entered the judicial process.

In March of this year, an 11-year-old boy from Shanghai collided with a passenger car while using the ofo to share a bicycle. On July 19, the parents of the deceased together with the party to the Jing’an District Court in Shanghai, claiming that the two defendants totaled 8.78 million yuan.

The above plaintiffs believe that the mechanical latches commonly used by ofo at that time were in a security loop. Users did not need to lock when they returned the car. Even if the car was locked, many users would not disturb the password and click on it. Use a shared bicycle for minors under the age of 12 to leave a safety hazard.

A child riding a shared bicycle and died in an accident

According to the China Youth Daily, on the afternoon of March 26 this year, an 11-year-old boy successfully unlocked an ofo shared bicycle and rode on the road with three other minors. At 13:37 on the same day, he collided with a bus of Shanghai Hongmao Car Rental Co., Ltd., and the boy fell to the ground and died after being rescued by Shanghai Changzheng Hospital.

According to the “Road Traffic Accident Certificate” issued by the Traffic Police Detachment of the Jing’an Branch of the Shanghai Public Security Bureau, it was determined that the driver of Shanghai Hongmao Car Rental Co., Ltd., driving a motor vehicle, turned to the left when crossing the intersection controlled by traffic lights. In observing the road conditions, the safety passage was not confirmed, and the accident was secondary responsibility; the boy was under 12 years of age and was driving the bicycle on the road in reverse, which was the main responsibility of the accident.

In fact, just three days before the boy’s accident, the official website of the Shanghai Municipal Bureau of Quality Supervision officially released the draft guidelines for the two groups of “Shared Bicycles” and “Shared Bicycle Services”, stipulating that users must be over 12 years of age.

According to the "Legal Evening News", since 2017, there have been as many as 18 accidents involving riding a shared bicycle, of which more than 60% occurred in minors, and one-third of the incident parties were under 12 years of age. In addition, Article 72 of the "Regulations on the Implementation of the Road Traffic Safety Law of the People's Republic of China", which came into effect on May 1, 2004, clearly stipulates that driving bicycles and tricycles must be 12 years of age or older.

This shows that although the regulations for cycling to the road at the age of 12 are not newly established, how to be truly binding is still a problem. To a certain extent, it is based on this background that the emergence and popularity of shared bicycles makes the definition of this problem more complicated.

At the beginning of July, the boy’s parents brought the driver, the car rental company and the relevant insurance company to court. On July 19th, the boy's parents added the ofo provider Beijing Bypass Locke Technology Co., Ltd. as the defendant. The plaintiff requested the defendant to compensate a total of 8.78 million yuan. At the same time, the Jing'an District People's Court ordered the ofo Xiaohuang car to immediately take back all the ofo mechanical code locks and replace them with locks that the user must lock after use and that children cannot easily open.

How to define the responsible party of the accident

The plaintiff in the above case believed that the responsibility of one of the motor vehicles in the case existed, but the cause of the accident was that the victim was less than 12 years old, and theo was negligent about the small yellow car placed in the public open space, and there was no above the bicycle. Any warning that the victim is not allowed to ride; and the mechanical lock installed on the vehicle has major safety hazards. Moreover, the owner of the ofo shared bicycles, in the case of a major defect in the shared ofo shared bicycle vehicles, is also the root cause of the accident.

Wang Lei, a law professor at Peking University, said in an interview with the Daily Economic News that children should act under the guardianship of guardians. The case should mainly consider three factors: first, whether the parents are present and whether they play the role of guardianship. Second, whether the parents gave the children's mobile phones and whether they used bicycles to open the bicycles. Third, whether the sharing of bicycles prohibits minors. Reminder used. The failure of parents to fulfill their responsibilities as a guardian is the main reason for the tragedy. Of course, according to the investigation results of specific accidents, it is necessary to see if there is any violation of the Road Traffic Safety Law by motor vehicle drivers.

Zhao Zhan, a well-known IT and intellectual property lawyer, told reporters that “if the child is used by the parental account, the parental supervision is not in place; if it is not used in the normal order trading environment, the shared bicycle company does not have the corresponding responsibility. But the shared bicycle enterprise If the bicycle equipment is not well maintained, the locks are damaged and not repaired in time, and the shared bicycle company needs to bear some responsibility."

In fact, after the above incidents, ofo issued an official statement saying that it will develop an effective prevention mechanism to prevent the use of bicycles for minors under the age of 12 from the source, "forbidden children under the age of 12" is also used in the phone The app interface prominent location appears.

A number of shared bicycle platforms have also stated that the platform has passed the registration verification method to avoid the use of shared bicycles for children under the age of 12. At present, although the platform has taken some measures to prevent children under the age of 12 from unlocking the car, it is still being "turned into the air".

Zhao Occupation told the reporter of "Daily Economic News" that there is a defect in the real-name certification of shared bicycles. The ID card number and mobile phone number can be used to complete the registration. It is not guaranteed whether the registrant meets the riding age requirement. The photo and video should be implemented as soon as possible. And other various measures to ensure the validity of the real name verification. On the other hand, it eliminates equipment vulnerabilities from a technical perspective and ensures that children are not easily exposed to shared bicycles.