电动自行车交通肇事中的技术与法律问题探析

Probing into the Technical and Legal Problems of Traffic Accidents by Power-driven Bicycles

超标电动自行车肇事致使行人受伤。认定电动自行车是机动车,肇事者应承担交通肇事刑事责任和赔偿责任。其中交通肇事的处理依照《道路交通安全法》和其他法律处理;赔偿责任的分配,可以依照《产品质量法》和《消费者权益保护法》处理。

The accidents by the exceeding-standard power-driven bicycles make the pedestrians injured. Such bicycles should be regarded as motor-driven vehicles, and the troublemaker should take the traffic accident criminal responsibility and compensation responsibility. In addition, the traffic accidents must be dealt with according to Law of the People＇s Republic of China on Road Traffic Safety and other related regulations, and the compensation problem may be dealt with according to Law on Product Quality and Law of the People＇s Republic of China on Protecting Consumers＇ Rights and Interests.