论儿童安全座椅“叫好不叫座”的法治困局及其应对思路

The Legal Dilemma of Child Safety Seats and Its Countermeasures

儿童道路交通事故已成为当前全球瞩目的重大公共卫生健康问题。与世界发达国家相较,我国有孩家庭日常出行中的儿童安全座椅使用率偏低。当前我国多个省市已经正式将“儿童安全座椅”纳入地方法律框架,但由于地方立法内容较为粗疏、地方立法缺少社会公众法治认同及其他现实原因,我国仍面临儿童安全座椅“叫好不叫座”的难题,亟待解决。为此,我国应汲取域外儿童安全座椅立法实践的有益经验,优化未成年人道路交通安全法律制度,明确机动车驾驶人的监管责任,并充分利用既有渠道宣传教导“正确”使用儿童安全座椅,进而为我国儿童安全座椅法治化发展建构科学合理的规制路径。

Children s road traffic accidents have become a major public health issue that has attracted worldwide attention.Compared with developed countries in the world,the rate of using child safety seats in families daily travel in China is quite low.At present,lots of provinces and cities in China have formally incorporated the element of“child safety seats”into the local legal framework.However,due to the rough content of the local legislation,the lack of public recognition of the rule of law in the local legislation and other practical reasons,China is still faced with legal dilemma of child safety seats,which needs to be solved urgently.For this reason,we should learn from the useful experience of child safety seat legislation practices outside China.Meanwhile,we should optimize minors road traffic safety law system,clarify the regulation of the motor vehicle drivers responsibility,and make full use of existing channels to promote the correct use of child safety seats.In this way,we can construct scientific and reasonable path for the development of child safety seats legislation.