Boiler of a high pressure, in use happening explodes, manufacturer is assumed complete duty; And the new car that course of development of a travel does not exceed 10 thousand kilometers is broken out become flat accident, cause injury of car caustic person, car manufacturer uses however " tire did not include truckload and safe technology the level " for avowed without duty. Same, tire plant also with " quality is accorded with when tire leaves factory standard and use standard " for, do not wish to assume responsibility. And this hapless car advocate however because of policeman appraisal " the operation after becoming flat is undeserved " and bear the liability to pay compensation that got on more than 90000 yuan.

On July 31, 2008, the speed per hour that party Li Jiang controls with 60 kilometers drives a small-sized car, pass Zhejiang gold Hua Wuyi bridge of Dong Shengdong road paragraph when, revolver happens suddenly before become flat. Car immediately out of control, move with the body on the ground, side breaks up, roll through a few, struck the car of road edge, strike tree of a trade, laid of inn of crack up roadside is applied, return crack up box of town report distribution. Although not " the car destroys a person to die " , but party Li Jiang also must be faced however be close to the car that discard as useless and several yuan compensation.

Although insurance company is assumed,recoup cost, but Li Jiang feels however too injustice, ought not to car manufacturer be in charge of for the fittings on the car? Is the safety that ought not to be the person that drive and passenger responsible? Then, he indignant told this manufacturer the court. This with small " wrestle " big lawsuit, became " become flat the first case " , and will this month 31 days afternoon at 2 o'clock 10 try in open a court session of court of west lake district.

One, according to " disappear law " car manufacturer escapes hard its blame

About becoming flat hind a variety of murder case that cause an accident, times ever made detailed report. Because become flat,have a driver traffic accident causes personal casualty, oneself obtain punishment one year. Because become flat,have coach and rush down gully, casualty is disastrous. High-grade car causes successive collision because of becoming flat, the car destroys person injury. However, great majority car advocate, the driver chose insurance company compensation, and even " avowed and hapless " . Everything did not include truckload and safe technology the level because of tire only, thereby the responsibility of manufacturer of date from of have no way.

But, " rights and interests of consumer of People's Republic of China protects a law " the 44th specific provision: Operator provider is tasted or serve, cause consumer belongings to damage, ought to the requirement according to consumer, in order to repair, re-act, change, withdraw measure of goods, complemental merchandise, return payment for goods and service charge to perhaps compensate for the means such as the loss to assume civil responsibility. Consumer and operator have an agreement additionally, fulfill according to the agreement. This case sponsors a lawyer, office of attorney of couplet of Zhejiang short for Zhejiang Province is high lawyer Dai Heping thinks, tire as truckload the one part of the product, car manufacturer is responsible be in charge of for this.

And in " province of disappear law Zhejiang implements measure " the 48th in be like next article: Consumer and operator produce controversy to need to undertake detecting because of commodity and service quality, of appraisal... detect, appraisal charge by pay for sb and expect to be repaid later of operator go ahead of the rest, consumer is offerred wait for the forehead to assure, just assume finally by responsibility. To detecting hard, of appraisal, operator ought to offer him proof not to have the evidence of fault; Cannot offer those who do not have fault evidence, ought to assume responsibility. Explanation of Dai Heping's lawyer says, this also is made with respect to requirement car manufacturer prove without fault, must be Li Jiang otherwise " become flat case " assume liability to pay compensation.

On October 10, 2008, car advocate Li Jiang and lawyer organization media meet meeting, express to will hit lawsuit after all, indicate just about " afterbirth embryo the first case " pull open prelusive. This case will litigate at be in Hangzhou 31 days this month.

2, be in weak power position by responsibility consumer

On the press conference, car advocate Li Jiang says: "In break out when becoming flat, I hope I am conspicuous of horse of easy of cycle racing hand very much, of batty perhaps a person adept in martial arts and given to chivalrous conduct, preterhuman what, can be in short square in 3 seconds it is dangerous to become flat! But I am not, a lot of otherer become flat the person that experience also is not, those experience future likewise likely the person that become flat they also are not. Those experience future likewise likely the person that become flat they also are not..

Become flat this kind of paroxysmal accident, car advocate oneself can not foreknow, and happen after becoming flat, the driver stems from instinct, make very hard also correct and appropriate deal with. Investigation makes clear, the first reaction of the driver after becoming flat often is to step on brake. Additionally relevant data expresses, below 120Km/h speed, the driver's apply the brake reacts time has 3 seconds to control merely. That is to say, inside short after become flat 3 seconds, driver not only what cannot have little is alarmed, also cannot by step on brake instinctively, even calm tell oneself how to should be operated. But the driver is not performer of flying car acrobatics after all, not be preterhuman more, face the disaster of this arise suddenly, face this life-and-death 3 seconds challenge to often end in order to fail.

Accordingly, dai Heping's lawyer thinks the responsibility to car look forward to finds out active code to be almost 0, and the trick-cycling level of the person that drive reachs ideal level impossibly again, consumer is in undoubtedly double weak power position. Contrary, the innocent person that drive gives compensation and even criminal responsibility to become flat even.

3, settlement way strengthens legal tie to raise technical admittance threshold

Expert attending the meeting, legal daily comments on department head Liu Guohang to think, below the circumstance that cannot get used to new condition completely in existing law laws and regulations, the branch should strengthen the legal tie of pair of car companies related the country, choice occupation standard is normative perhaps undertake enforcing executive, because become flat,reduce those who cause effectively thereby all sorts of legal liability issue.

When " become flat the first case " condition of suit of this one paper presents a court, the rich play chess of this one consumer and car manufacturer began, no matter result how, will produce far-reaching effect to whole car domain and consumptive group.

If Li Jiang wins the lawsuit, this will be like potion activator, adapt afresh the responsibility of domain of technology of whole automobile safety differentiates. Become flat this one liability accident produces business at the car like end, so certainly will will force car manufacturer to be in become flat monitor make greater effort with safe technology domain.

And if car manufacturer wins the lawsuit, become flat the main body that the attributive problem of responsibility still regards responsibility as consumer, so the real significance of this case also can stop suddenly, repeat again and again become flat the history that the victim sues manufacturer to did not win the lawsuit.

The cognizance of this case, look be like is individual with the lawsuit between legal entity, involve essentially with all possible means the rich of the interest weichis. The adjudicative consciousness direction that consumes the group, car that gives priority to with this manufacturer to produce enterprise and court of justice for the representing's car with Li Jiang, certainly will brings the differentiating of safe to drive a vehicle responsibility tremendous influence.

Reporter observation

In investigating a process, the reporter happens with a few become flat the car of the accident advocate undertook talk directly, they are the honest people that this devoir separates, in happen when becoming flat, they stepped on brake by instinct, but cannot think of,meet however so the possibility of to turn over of aggravate car list. Everybody had not sufferred training of professional racing bicycle, after everybody never has opportunity experience to become flat too urgent deal with, flurried, terrified, lose one's head. Can imagine they produce the helpless psychology of the spot in the accident.

The reporter once also drove be in danger, in the dusk with a torrential rainstorm, as a result of before lamp of car stop a car is out of order, the reporter's car just discovers when end of vehicle of the car before approaching the other side has jockeyed, but under one foot steps on brake dead, the car did not stop in time, instead produces tremendous sideslip, whole automobile body hits horizontal forward Che Chong. After the event sought advice from a friend, by hit the mark with a single comment: "Your car is done not have, of course meeting sideslip. " and these becoming flat the path of the settlement of the case also exists actually " hit the mark with a single comment " possibility -- , if have similar, the technology that can control attitude of the car after becoming flat appears, so the dangerous sex that become flat also can be reduced greatly.

Return the car technology phylogeny that watchs nearly 30 years to come, ABS, safety belt, can;burst;ulcerate;fester shrink type changes column, safety to the technology such as gasbag is car manufacturer in postaccident active research and development and come. But, face what frequency sends to become flat accident, we did not see the responsibility heart of manufacturer.

The happening that become flat is uncertain, but the risk that become flat can be forecasted, the dangerous sex that become flat can conclude through manufacturer experiment even. The reporter thinks, face it is dangerous to become flat, manufacturer is typical " blame cannot also, and do not be also " . Someone says to explode embryogeny odds is too small, undeserved do special precaution, some people say tire belongs to easy bad news to taste, the risk is controlled hard. All these says demit is empty and faint, on a car also perhaps won't start a few years, safe gasbag also need not be opened more possibly forever, is such configuration redundant?

The reporter thinks, 3 get together amine incident can inspect cyanogen to become flat however the lessons drawn from others' mistakes of safe technology. It is the market goes likewise regular, milk products manufacturer thinks a few 3 get together cyanogen amine " not affect the whole " , car manufacturer also thinks to become flat accident odds is too low, need not do precaution. But they are harmed likewise however far-reaching, one let innocent infant get kidney stone, one lets innocent department engine destroy a person to die! Same, 3 get together cyanogen amine got the government is controlled, milk products market received a standard, and does the car become flat safe technology? Also repeatedly want legal standard, raise threshold of market admittance safety!

This " become flat the first case " the meaning depends on getting back justice for Li Jiang not only, more important is, skill of industry of stimulative automobile of hopeful of this case general is great progress, what thrust enters legal laws and regulations is perfect.

　 Reader sound

After about becoming flat safe problem appears in the newspaper, many readers send mail to us, call, participate in come in discuss, what the attention of safety of tire of it serves to show spends is tall.

Loose seedling of times reader Xu: I also had exploded embryo, finally also is to end up with nothing definite, do not admit the liability that is oneself because of car 4S inn and tire store, bought insurance fortunately, otherwise avowed and can hapless. Had reported before times that becomes flat passenger of to turn over dies, the affair that the driver is condemned a year my feeling is very deep, this kind of thing must want all cars advocate rise jointly to the car manufacturer or it is tire manufacturer denounces a view, I support Li Jiang's move!

Netizen " Tome " : My road-sense has calculated, the cycle racing charter of couplet of the steam in attending grooms, after the coach has told a side tire technically to become flat urgent deal with, need uses very great force gift direction " pigheaded " return right way, I believe major average driver is not done so professional, car manufacturer needs a kind of safe technology to come really the danger that high speed of precaution, control becomes flat.

Times reader Xiang Yong: There is ABS on high-grade now car, have safety belt, have gasbag, again advanced have what ESP, TCS, these safe technologies are the accident that uses consumer, hematic lesson just is changed, the where on inchoate car has these technologies. This " become flat the first case " perhaps can ecbolic the new technology that a control becomes flat.

Netizen " tornado 2000 " :

How can manufacturer shift responsibility get completely? It is driver " after becoming flat, deal with undeserved " , but also be the accident that the car that driving you to produce goes, tire also won't indescribable explode. This law case calculated manufacturer to compensate for, does other driver happen after that become flat accident? Should engage in a lawsuit? Car manufacturer should research and development prevents the technique with become flat risky one kind, popularize family expenses car to go up like ABS, ability solves a problem finally.

Netizen " south muntjac insular dawn " : Manufacturer should be in charge of to become flat! In the developed country, the car causes personal casualty because of quality problem and safe blemish problem, the government can be punished so that it loses a family fortune, chinese law is not perfect still, did not regard mandatory safe configuration as the standard even ABS and safety belt, the safe admittance doorsill of car market is too low!

Wei of times reader season is smooth: The driver also has one share responsibility actually, run state of long-distance examination tire is basic common sense, too old tire becomes flat easily really. But, this " become flat the first case " Li Jiang has bit of kid, his car just opened 10 thousand kilometers, the expiration period at least of general tire has 3 to arrive of 50 thousand kilometers, is this quality problem what problem can you still be?