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

FANG Rui-an; XUE Yu

doi:10.12152/j.issn.1672-2868.2019.02.004

Journal of Chaohu University >

2019 , Vol. 21 >Issue 2: 20 - 26

DOI: https://doi.org/10.12152/j.issn.1672-2868.2019.02.004

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

FANG Rui-an ,
XUE Yu

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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 date: 2019-02-11

Online published: 2019-03-25

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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

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FANG Rui-an , XUE Yu . Research on the Responsibility of Traffic Accidents Caused by Children Who Illegally Ride Shared Bicycles#br#[J]. Journal of Chaohu University, 2019 , 21(2) : 20 -26 . DOI: 10.12152/j.issn.1672-2868.2019.02.004

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