On Legal Regulations Of Over-standard Electric Bicycles In China

On January 16^th,2018,Chinese national standard draft Electric Bicycles-Safety technical norms was published to the public,after enforced,which means the destiny of a large number of electric bicycles in Chinese market that are not produced in accordance with standards will be changed.Electric bicycles have become the first choice of vehicles for general publics,because of its advantages,such as cheap price,low travel cost and non-pollution,etc.However,hidden troubles in traffic safety caused by over-standard electric bicycles and realistic questions are often criticized.For example,the design and production of over-standard electric bicycles have become a common phenomenon;the traffic administrative department has a predicament that has supervised over-standard electric bicycles;problems like disputes over indemnity of injuries caused by over-standard electric bicycles can not be solved completely,which have appeared frequently.How to balance the relation between the healthy and orderly development of electric bicycles industry and social stability is an urgent problem to be solved.In order to break through the predicament of the legal regulations on over-standard electric bicycles,first of all,from legislative angle,problems of legal absence and the reasonable setting of national standards for electric bicycles should be solved,legislation should be improved and national standards should be established.Secondly,system control from the source to the client should be implemented from law enforcement level to encourage companies to produce,sell and maintain electric bicycles within the framework of standards.Thirdly,from judicature level,the judiciary has unified rules for judicial cases referring to over-standard electric bicycles,strictly handling cases according to laws and regulations,and maintaining judicial authority.In addition,the social insurance system for electric bicycles should be promoted,and relief ways for damages caused by electric vehicles after accidents should be improved.Finally,education on traffic regulations should be strengthened to enhance citizens'safe travel awareness.