Our reporter Zhang Xueyu
Electric bicycles are prone to fire and explosion under improper use such as illegal parking, charging or modification, and replacement of lithium batteries. Why can’t electric bicycles "enter the building and enter the house" and "people and cars share the same room"? How to divide the responsibility for the fire caused by electric bicycles?
Property should be held responsible for failing to fulfill its management obligations
According to the survey, 90% of the casualties caused by electric bicycle fires are due to parking in halls, aisles and other parts.
Geng Junlong, deputy director of the Fire Dispatching Technology Department of the Xicheng District Fire Rescue Detachment in Beijing, said that most electric bicycle fires occur during the charging process, and they burn quickly after the fire, making it difficult to put out. Once it happens indoors, it will seriously threaten personal safety. The fire of electric bicycle parts will also produce a lot of toxic smoke, which will lead to suffocation and death. Neither electric bicycles nor batteries are allowed to enter the building.
The Notice of the Ministry of Public Security on Standardizing the Parking and Charging of Electric Vehicles to Strengthen Fire Prevention stipulates that property service enterprises, competent units, villagers’ committees and residents’ committees shall stop and organize clean-up if they find illegal parking and charging of electric vehicles; Those who refuse to clean up should report to the fire department of the public security organ or the public security police station. In reality, some property companies failed to stop illegal parking and charging in time, or failed to report to relevant departments in time and assist in handling; Some communities and firefighters are also facing the dilemma of "difficult to prove and unable to punish".
Chen Xi, a judge of Chaoyang District People’s Court, told the reporter of Rule of Law Daily that the property management company, as the person in charge of community fire protection, should maintain and manage the evacuation passages, fire exits, building fire-fighting facilities and fire truck passages in the management area, and provide fire safety prevention services.
Chen Xi said that in daily life, many residents have parked their electric bicycles in public stairwells for a long time, or even privately connected the power supply in the weak box to charge. At this time, the property company should take corresponding measures, such as stopping illegal parking and charging behaviors such as bringing batteries into elevators and parking electric bicycles in corridors, and carrying out daily maintenance and management of evacuation passages, safety exits, building fire-fighting facilities and fire truck passages in the management area. At the same time, fire-fighting facilities such as fire extinguishers should be installed in places prone to fire, such as the carport of electric bicycles, and the weak electric box should be locked to fulfill the obligation of fire safety prevention. Otherwise, in the event of a fire accident, the property management company shall bear the corresponding liability for compensation for the damage results.
Responsibility for fire caused by battery fire should be clarified.
On February 22nd, a fire broke out on the 27th floor of a high-rise residential district in Tongzhou District, Beijing. After investigation, the fire was caused by a sudden failure of the residents of this floor to carry the battery of the electric bicycle home to the living room for charging. Due to negligence, a fire broke out, and the party concerned was placed in administrative detention.
The fire point identified in many fire cases is the battery box of electric bicycle. Then, who should bear the responsibility for the personal injury caused by the battery fire?
Chen Xi introduced that the production and sales behaviors of battery manufacturers and distributors are oriented to the public and aimed at making profits. If the safety and reliability of product quality and strict business practices are not ensured, it will bring major security risks. China’s civil code stipulates that if a product is defective and causes damage to others, the producer shall bear the tort liability; If a product is defective and causes damage to others, the infringed may claim compensation from the producer of the product or the seller of the product. If the product defect is caused by the producer, the seller has the right to recover from the producer after compensation. If the product is defective due to the fault of the seller, the producer has the right to recover from the seller after compensation. Therefore, if the manufacturers and sellers of the batteries involved can’t prove that the batteries they produce or sell are legal, compliant and qualified products, they should be liable for compensation for fire damage.
Then, should the perpetrator be held responsible for the fire caused by placing electric bicycles indoors? Chen Xi told reporters that according to China’s fire protection law, if a fire on an electric bicycle does not constitute a crime, it shall be placed in administrative detention for more than 10 days and less than 15 days, and may be fined less than 500 yuan; If the circumstances are minor, a warning or a fine of less than 500 yuan shall be imposed. The negligence in the fire here generally means that the actor should bear the duty of care, but he failed to fulfill the corresponding duty of care because of negligence or overconfidence.
It is worth noting that the perpetrator of illegal charging needs to bear corresponding responsibilities, and if illegal parking of electric bicycles causes combustion-supporting and increases the fire, it may also bear corresponding responsibilities depending on the degree of fault. Even the owners of electric bicycles who park their electric bicycles in public charging sheds should pay due attention to the safety of their electric bicycles, and find and eliminate vehicle failures and potential safety hazards in time. Otherwise, fires will occur and other people’s personal property will be damaged, and they should also bear corresponding responsibilities according to the degree of fault.
Modifying a vehicle causes a serious fire and fears criminal responsibility.
There are many reasons for the fire, including not only illegal parking, illegal charging, but also illegal modification, which may make the electric bicycle fail to meet the safety standards and cause a fire. All the above acts may bear criminal responsibility.
Chen Xi introduced that in the previous cases tried by Chaoyang Court, an actor bought an electric bicycle that was modified in violation of regulations, which eventually caused a fire accident and was sentenced to three years and six months in prison for the crime of fire failure.
Article 115 of China’s criminal law stipulates that anyone who causes serious injury or death or heavy losses to public or private property by setting fire or other dangerous methods shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death; Whoever negligently commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the circumstances are minor, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Chen Xi told reporters that if the negligence causes the electric bicycle to cause fire and cause great social harm, the perpetrator may bear criminal responsibilities such as criminal detention and fixed-term imprisonment. If the act is identified as intentional arson, it may also bear life imprisonment or even death penalty. Therefore, in addition to paying reasonable attention to parking and charging, electric bicycle operators, owners and users are not allowed to illegally modify electric bicycles, such as modifying or changing the motor to make it exceed the rated power set by the original car; Alter or dismantle speed limiting devices and pedal riding equipment; Install batteries or replace batteries that do not meet the rated voltage set by the original car. Otherwise, the safety of electric bicycles may not meet the national standards or industry standards, which may lead to a fire.
In addition, Chen Xi introduced that selling illegally modified electric bicycles may be subject to administrative responsibilities such as fines and revocation of business licenses; Those who constitute a crime will also be investigated for criminal responsibility. Consumers are also not allowed to buy electric bicycles that are modified in violation of regulations, otherwise they will be responsible if a fire breaks out.
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