Electric bikes have become a lot of people's
"Always at home" travel helper
Electric vehicle charging and parking
It's also a topic that we talk about for a long time
Do not allow electric vehicles to enter the building
Not on purpose
It's because it's too dangerous!!
Especially in the summer when the heat is hot
Electric vehicles are susceptible to high line temperatures
or the motor heats up and causes the circuit to fail and short-circuit
Increased the possibility of "getting on fire".
It is easy to cause electric vehicle fire accidents
Bring the battery home to charge it and explode and catch fire
The outdoor charging carport is only 10 meters away
In the early morning of April 7, 2023, a fire broke out in a small area in Fengtai District, Beijing, resulting in two deaths and one injury.
According to the judgment documents, the Fengtai District People's Court found the following facts: at about 22 o'clock on April 6, 2023, the defendant Zhou was at home in Fengtai District, charging the lithium battery used by his Green Energy brand electric bicycle on the north bedroom table, and at about 4 o'clock on April 7, the charging battery suddenly exploded and caused a fire, and the fire produced a large amount of smoke.
It is understood that the defendant Zhou lives on the first floor of a six-story residential building, and there is an outdoor charging carport only 10 meters away from his home. Guo X is a relative of defendant Zhou, and Huang X and Chen X are a husband and wife living on the sixth floor, and when the fire broke out, the two went downstairs to try to escape.
Guo and Huang died on the same day after rescue efforts failed, and Chen was diagnosed with inhalation injury (severe), multiple burns all over the body, carbon monoxide poisoning, metabolic acidosis combined with respiratory acidosis, etc.
According to the fire accident of the Fengtai District Fire and Rescue Detachment, the fire in this accident was caused by thermal runaway ignition of surrounding combustibles during the charging process of electric bicycle batteries.
Defendant Zhou took the initiative to ask others to report the fire after the incident, and was summoned to the case by the police of the Criminal Investigation Detachment of the Fengtai District Public Security Bureau at the scene, and truthfully confessed the above facts after arriving at the case.
Fengtai District People's Court believes
Defendant Zhou's awareness of law and fire safety was weak, and his negligence caused a fire, resulting in the death of two people and the injury of one person, and his conduct constituted the crime of fire and should be punished in accordance with law. In view of the fact that the defendant Zhou X voluntarily surrendered, voluntarily pleaded guilty and accepted punishment, and obtained the forgiveness of the victim Guo's legal representative, and gave him a lighter punishment, it is therefore decided that the defendant Zhou X committed the crime of arson and was sentenced to four years and six months imprisonment.
It was learned from the China Judgment Document Network that the case was sentenced in the first and second instance, and the defendant Zhou committed the crime of arson and was sentenced to four years and six months in prison.
Popularization time
The crime of arson is due to:
The fire was caused by the negligence of the perpetrator
Serious consequences
Acts that endanger public safety
According to the provisions of the criminal law of the mainland
It is one of the crimes of endangering public safety
Main characteristics of the crime of arson:
Subjectively, it can only be constituted by negligence, which can be negligence or overconfidence.
Objectively committed acts of misfire that endangered public safety and caused serious consequences.
Sentencing:
Whoever commits the crime of arson shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years;
Chita Point:
Who is responsible for the fire of an electric car?
Recently
Electric bicycle fire accidents occur from time to time
In the event of an accident
The owner's personal and community property
EV Manufacturer Responsibility
Who is responsible?
, duration 01:22
Criminal Law of the People's Republic of China
Article 115 Whoever causes serious injury or death to a person or causes major damage to public or private property by arson or other dangerous means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death;
Civil Code of the People's Republic of China
Article 1165:Where the perpetrator infringes upon the civil rights and interests of others due to fault and causes harm, they shall bear tort liability.
Article 1172:Where two or more persons separately commit tortious acts causing the same harm, and the extent of responsibility can be determined, each of them bears corresponding responsibility;
Article 1202: If a defective product causes damage to others, the manufacturer shall bear tort liability.
Article 1203: Where a defective product causes damage to others, the infringed party may request compensation from the manufacturer of the product or from 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.
Fire Protection Law of the People's Republic of China
Article 64 Whoever commits any of the following acts in violation of the provisions of this Law, which does not constitute a crime, shall be detained for not less than 10 days but not more than 15 days, and may be concurrently fined not more than 500 yuan; if the circumstances are more minor, he shall be given a warning or a fine of not more than 500 yuan; he instructs or forces others to violate fire safety regulations and work at risk; he causes a fire by negligence; he obstructs the alarm after a fire breaks out, or the personnel responsible for reporting fail to report to the police in a timely manner; he disrupts the order of the fire scene, or refuses to carry out the command of the commander at the fire scene, affecting the fire fighting and rescue; he intentionally destroys or falsifies the fire scene; he unpacks or uses a place that has been sealed by the fire and rescue organization without authorization, partial.
Product Quality Law of the People's Republic of China
Article 41 If the defective product causes damage to persons or property other than the defective product, the producer shall be liable for compensation. The producer shall not be liable for compensation if it can prove that it has any of the following circumstances: the product has not been put into circulation, the defect causing the damage did not exist when the product was put into circulation, and the existence of the defect could not have been discovered at the level of science and technology at the time the product was put into circulation.
Article 42 If the product is defective due to the fault of the seller, causing damage to the person or property of others, the seller shall be liable for compensation. If the seller cannot identify the manufacturer of the defective product or the supplier of the defective product, the seller shall be liable for compensation.
Article 49 Anyone who produces or sells a product that does not conform to the national or industry standards for safeguarding human health and the safety of persons and property shall be ordered to stop production or sale, confiscate the illegally produced or sold product, and impose a fine of not less than three times the equivalent value of the illegally produced or sold product (including sold and unsold products, the same below);
Regulations on Fire Safety Management of High-rise Civil Buildings
Article 37: It is forbidden to park or charge electric bicycles in public foyers, evacuation walkways, stairwells, and safety exits of high-rise civil buildings.
Encourage the establishment of centralized storage and charging places for electric bicycles in high-rise residential areas. The storage and charging places for electric bicycles shall be set up independently and at a safe distance from high-rise civil buildings;
The storage and charging places for electric bicycles shall be equipped with necessary fire-fighting equipment, and the charging facilities shall be equipped with automatic power-off functions.
Article 47 In violation of these provisions, any of the following acts shall be ordered by the fire and rescue agency to make corrections, and a fine of not less than 2,000 yuan but not more than 10,000 yuan shall be imposed on business units and individuals, and a fine of not less than 500 yuan but not more than 1,000 yuan shall be imposed on non-business units and individuals: (7) parking electric bicycles or charging electric bicycles in the public foyers, evacuation walkways, stairwells, and safety exits of high-rise civil buildings, and refusing to make corrections.
Prevent e-bike fires
Please do the following:
Fire safety is not a fluke
For the safety of life and property of you and others
Please strictly follow it
How to use the electric bike correctly
Don't wait until an accident happens!
Retweet, reminder!
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Source: Ministry of Emergency Management of the People's Republic of China, Happy Futian, please indicate.