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乘客“开门杀”、“好意同乘”遇车祸……这些热点问题如何定责?一文了解
Yang Shi Wang· 2025-11-10 01:57
Core Points - The Supreme People's Court is seeking public opinion on the interpretation of laws regarding traffic accident liability disputes, with a deadline for feedback set for November 15 [1] Group 1: Passenger Liability - The draft stipulates that if a passenger opens a car door and causes harm to others, the liability falls under the motor vehicle's responsibility, allowing the injured party to claim compensation from the vehicle's insurance [2] - Legal expert Yue Shanshan emphasizes that this classification treats the passenger's action as a specific risk associated with the vehicle's use, rather than an independent tort by the passenger [4] Group 2: Electric Bicycle Accidents - In cases where an electric bicycle causes injury to a motor vehicle occupant, the court will consider the degree of fault of the electric bicycle operator, the consequences of the damage, and the danger level of the involved vehicles when determining compensation [4][6] - Yue notes that this comprehensive assessment will ensure that dangerous behaviors, such as illegal modifications or speeding, are accurately reflected in civil compensation [6] Group 3: Good Samaritan Rides - The draft states that in non-commercial vehicle accidents involving unpaid passengers, the court will evaluate the driver's major fault based on the traffic accident report and other relevant factors [6][8] - Yue explains that this approach protects well-meaning drivers from excessive liability while ensuring that passengers' rights are safeguarded when the driver is significantly at fault [8]
【最高人民法院】就交通事故责任纠纷司法解释征求意见
Yang Shi Wang· 2025-11-09 17:34
Core Points - The Supreme People's Court of China is seeking public opinion on the interpretation of laws regarding traffic accident liability, with a deadline for feedback set for November 15 [1] - The draft clarifies that if a passenger opens a car door and causes harm, the insurance for the vehicle must cover the damages, as this action is classified as a risk associated with the vehicle's operation [3][4] - The draft also addresses liability in accidents involving electric bicycles and motor vehicles, emphasizing a comprehensive assessment of fault and damage when determining compensation [6] Group 1 - The draft states that if a passenger opens a car door and causes damage, the insurance company cannot refuse to pay based on the argument that the passenger is not an insured driver [3] - Legal experts highlight that this classification of the passenger's action as a risk of the vehicle's operation ensures victims can receive compensation promptly from the more financially capable party [4] - The draft proposes that in accidents between electric bicycles and motor vehicles, courts should consider the degree of fault, damage consequences, and the danger level of each vehicle when determining compensation [6] Group 2 - The draft specifies that in non-commercial vehicle accidents involving unpaid passengers, courts should evaluate the driver's major negligence based on accident reports and the driver's specific actions [8] - Legal experts note that this approach protects well-meaning drivers from excessive liability while ensuring that passengers' rights are safeguarded in cases of serious driver negligence [8]
半夜,信用卡在境外被盗刷!
Core Insights - The article highlights the increasing incidents of overseas credit card fraud, emphasizing the multiple factors contributing to these cases, such as CVV2 code leakage and the vulnerability of magnetic stripe cards [1][2][3] Group 1: Fraud Incidents - A case is presented where a cardholder experienced unauthorized transactions on their credit card, with amounts of 460 yuan and 1300 yuan being fraudulently charged while the cardholder was in China [2] - Many banks have issued warnings regarding the risks of overseas credit card fraud, advising customers to use chip cards and to protect their CVV2 codes [2][4] Group 2: Security Measures - Banks are encouraged to upgrade security measures by replacing magnetic stripe cards with chip cards, which are more secure and less susceptible to data theft [4][5] - A three-tiered protective mechanism is suggested, focusing on prevention, interception, and assistance, which includes implementing dynamic verification technologies and real-time transaction monitoring [3][6] Group 3: Responsibilities and Legal Framework - The responsibility for credit card fraud is primarily based on the "fault liability principle," where both cardholders and banks have specific obligations to fulfill [6][8] - Cardholders must safeguard their information and act promptly upon discovering fraudulent transactions, while banks are required to implement robust security measures [8][9] - Legal precedents indicate that banks may bear the primary responsibility for losses if they fail to detect fraudulent transactions or if the cardholder has acted without negligence [7][8]