According to the report of the Metropolis Express on May 11, a brand of bicycle has been on the hot search recently because of its "sky high price" - a cyclist in Wenzhou, Zhejiang, accidentally knocked over a bicycle of this brand leaning on the roadside and was claimed 38000 yuan; A man in Tianjin stopped his bicycle and knocked over a brand custom painted bicycle. The owner and the man could not negotiate on the maintenance problem. He once called the police and has now entrusted a lawyer to go through the legal process.
Bicycles worth tens of thousands or even hundreds of thousands of yuan are often expensive to repair if they are slightly damaged. This brings discomfort to the public. In addition to the "serious consequences" beyond recognition, there is also a fear of "dare not go out on the street" in the future. Bicycles are everywhere on the streets. Who can guarantee not to scratch or touch them?
In terms of price, this brand of bicycle can be regarded as a luxury. Some people fail to take the initiative to avoid or be careful, for one thing, this luxury is not used or placed in exclusive places or areas, and it is difficult for ordinary people to recognize it; Second, it is said that the bikes of the brand involved in the accident were all in a state of "insufficient support" and were accidentally knocked down.
At the legal level, the issue of "duty of care" in the event cannot be avoided. The focus is on who should take more care in the civil law between the perpetrator and the owner. The legal issues are relatively professional, but "the law is nothing more than reasonable". First, it may not be realistic to require ordinary people to identify "luxury cars" in bicycle groups on the streets and improve their duty of care; Secondly, it is unreasonable for everyone in the public to improve their "touch free" ability because luxury cars fall down at the touch. In my opinion, the responsibility of "collision free" should fall more on the owner - put the car in a place where it is not easy to be touched, or do a good job of guarding at all times. It is hard to avoid collision in traffic, especially in cities with dense traffic. In this context, if you look at the "fall at a touch" and "fall at a touch", it is almost an astronomical compensation. If you walk carelessly on the road, you may "share a big event" and "everyone may be in danger".
Some countries require owners of super valuables and luxury goods to purchase fault free compulsory liability insurance on their own in case of "unaffordable" accidents. The design of this system is actually based on the dual consideration that the rich should bear more social public responsibilities and reduce the risks imposed by luxury and hedonic consumption on the vulnerable. Previously, a representative member of the National People's Congress and the National People's Congress suggested that the problems caused by "scratching luxury cars" should be solved through the design of relevant insurance products. Now comes the new problem of "priceless bicycles". Relevant parties should pay attention to how to resolve conflicts and risks through relevant system design, which is not only conducive to protecting the legitimate rights and interests of citizens, but also conducive to maintaining social harmony and stability.
(Editor in charge: Nian Wei)
