Journal of Chaohu University ›› 2019, Vol. 21 ›› Issue (2): 20-26.doi: 10.12152/j.issn.1672-2868.2019.02.004

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Research on the Responsibility of Traffic Accidents Caused by Children Who Illegally Ride Shared Bicycles#br#

Recently, a traffic accident occurred in Shanghai where a child under 12 years of age illegally rode a shared bicycle. The child's guardian filed a lawsuit against the perpetrator and OFO company as defendants. The responsibility of the case and the specific division of responsibility have become a key point of the trial. If a child has the fault of using a loophole to unlock the bike and the fault of riding the bike illegally, the child should first assume more than 50% of the responsibility and the child's parents should bear the responsibility. Secondly, the motor vehicle driver, the OFO company and the former users of the bike should bear the tort liability from high to low in accordance with the "many reasons one result" liability.#br#   

  1. FANG Rui-an(School of International Law, East China University of Political Science and Law, Shanghai 200042);
    XUE Yu(School of Law, University of Macau, Macau 999078)
  • Received:2019-02-11 Online:2019-03-25 Published:2019-03-25

Abstract: Abstract:Recently, a traffic accident occurred in Shanghai where a child under 12 years of age illegally rode a shared bicycle. The child's guardian filed a lawsuit against the perpetrator and OFO company as defendants. The responsibility of the case and the specific division of responsibility have become a key point of the trial. If a child has the fault of using a loophole to unlock the bike and the fault of riding the bike illegally, the child should first assume more than 50% of the responsibility and the child's parents should bear the responsibility. Secondly, the motor vehicle driver, the OFO company and the former users of the bike should bear the tort liability from high to low in accordance with the "many reasons one result" liability.

Key words: children under 12 years of age, shared bicycle, responsibility of traffic accident, tort of many reasons , one result

CLC Number: 

  • D913