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法治在线丨突然开门下车酿悲剧 “开门杀”法律责任如何界定?
Yang Shi Xin Wen· 2025-11-13 07:12
Core Points - The article discusses a tragic incident in Beijing where a driver opened a car door without checking for oncoming traffic, resulting in the death of a cyclist [1][4][6] - The driver, Zhao, was found fully responsible for the accident and was later charged with traffic manslaughter [8][12] - Legal implications of "dooring" incidents are highlighted, including potential criminal charges and insurance liability [19][21] Group 1: Incident Details - The accident occurred on May 21, when a white car parked illegally opened its door, causing a cyclist to crash and sustain severe injuries [1][3] - The cyclist, Zhang, suffered critical brain injuries and died four days later despite medical efforts [4][6] - Zhao, the driver, was found to have parked in a no-parking zone and failed to check for traffic before opening the door, violating traffic safety laws [6][10] Group 2: Legal Proceedings - The case was prosecuted by the Beijing Shunyi District People's Procuratorate, leading to a court hearing on October 16, 2025 [8][12] - Zhao admitted to his actions in court, and the court ruled that his behavior constituted traffic manslaughter, sentencing him to one year and two months in prison [12][18] - Legal experts noted that in severe cases of "doorings," the responsible party could face various charges depending on the circumstances [14][16] Group 3: Insurance and Liability - The Supreme People's Court issued a draft opinion to clarify liability in "dooring" incidents, stating that both drivers and passengers can be held responsible [19][21] - The draft allows victims to claim insurance from the vehicle's liability coverage without being hindered by the passenger's status [21][25] - Insurance companies are granted the right to seek compensation from passengers who exhibit gross negligence, balancing victim compensation and risk management [25][27] Group 4: Prevention Methods - The article suggests methods to prevent "dooring" incidents, such as the "Dutch reach" technique, which involves using the hand furthest from the door to open it [28][30] - Another recommended method is the "two-stage door opening," where the door is first opened slightly to check for traffic before fully opening [31][33] - Pedestrians and cyclists are advised to maintain a safe distance from parked vehicles and be cautious when approaching them [35]
烈性犬咬人致死,犬主应承担什么责任(新闻看法)
Ren Min Ri Bao· 2025-08-11 22:01
Group 1 - The case involves a dog owner, Gao, whose aggressive dog escaped and fatally attacked a passerby, Ma, leading to a court ruling on the owner's liability [1] - Gao had previously failed to take effective preventive measures despite multiple incidents of his dogs attacking others, indicating negligence [1] - The court found a causal relationship between Gao's negligence and Ma's death, leading to a conviction for involuntary manslaughter [2] Group 2 - According to the law, involuntary manslaughter can result in a prison sentence of three to seven years, with Gao receiving a sentence of six years and six months [2] - The court emphasized that dog owners are liable for damages caused by their pets, and failure to control dogs can lead to administrative penalties or criminal charges [2]
碾压骑行男孩致死,不起诉,依然纠结
36氪· 2025-06-08 13:40
Core Viewpoint - The article discusses the case of Jiang Yongliang, who was involved in a fatal accident resulting in the death of an 11-year-old boy. The case concluded with a decision of "non-prosecution," which has sparked debate regarding the legal implications and responsibilities of drivers in similar situations [3][4][6]. Summary by Sections Incident Overview - On August 11, 2024, Jiang Yongliang was driving normally when an accident occurred involving a boy who fell into his lane, leading to the boy's death [9][10]. - Jiang was arrested on August 25, 2024, for involuntary manslaughter, indicating that evidence suggested he had committed a crime [4][6]. Legal Proceedings - The case generated significant public interest, particularly regarding the accountability of drivers when unexpected incidents occur [6][15]. - On April 20, 2024, the local prosecutor's office issued a "non-prosecution decision" for Jiang, which was seen as a positive outcome for him, although legal experts raised concerns about the nature of this decision [6][24]. Legal Definitions and Implications - The term "discretionary non-prosecution" was used, which differs from "absolute non-prosecution." The former implies that Jiang is still considered to have committed a crime, albeit with minor circumstances [24][26]. - Legal experts argue that Jiang's case should be classified under Article 16 of the Criminal Law, which addresses incidents caused by unforeseen circumstances, suggesting he should be deemed innocent [16][27]. Public and Legal Reactions - Many legal professionals expressed that the accident was an unusual case and that the driver should not be held responsible for an unforeseeable event [8][15]. - The article highlights the importance of distinguishing between negligence and accidents, emphasizing that drivers cannot be expected to predict every possible scenario [29][30]. Broader Context - The article notes that discretionary non-prosecution is common in the judicial system, with a high percentage of cases being resolved this way, reflecting a trend towards leniency in minor offenses [34][35]. - The implications of this case may influence future legal interpretations and the treatment of similar incidents, as public perception and legal standards evolve [32][40].