The Judicial Determination Of Driving An Electric Tricycle Causing Serious Injury

Electric tricycles are three-wheeled transport vehicles,powered by electric batteries and using electric motors to pull luggage or people.Because of their low cost,convenience,practicality,low carbon and environmental friendliness,electric tricycles have quickly become an important means of transport for short distance and work travelers.At the same time,the number of accidents involving electric tricycles is also increasing.However,even in cases where electric tricycle operation causes serious injury,there are different sentences,with three different penalties,namely,causing traffic accidents,causing serious injury by negligence and acquittal.The underlying reason for the different sentences is the differences in the assessment of the decisive factors,such as "driving a motor vehicle without driving qualifications" and the negligence of causing serious injury in the absence of any traffic offence.This article consists of three parts,totalling approximately 30,000 words.The first part is a brief description of the case and the focus of the controversy.In the beginning of the text,a detailed description of the case is given,and three different views on the characterisation of the case are sorted out and summarised: the first view is that Huang’s behaviour does not belong to traffic collision,but to the crime of causing serious injury by negligence;the second view is that Huang should be established as a traffic collision crime;the third view is that Huang’s behaviour cannot be established as a traffic collision or intentional injury crime.This paper is based on the three divergent views that emerged during the handling of this case,and by analyzing the reasons for the divergent views,the two controversial focuses of the case are summarized: whether the defendant’s conduct in this case is innocent;whether the defendant’s conduct in this case constitutes the crime of causing serious injury by negligence or the crime of traffic collision.The second part is the analysis of the case,which is the focus of this paper.This paper collects the different trial results of similar cases across the country,and in the light of the basic situation of this case,it analyzes and argues that the conditions of criminalization of traffic accidents and negligent causing of serious injuries respectively,and concludes that the electric tricycle should not be considered as a "motor vehicle",and thus Huang’s behavior should not be considered as a traffic accident,but only as a crime of negligent causing of serious injuries.In the third part,the court summarizes the characteristics of this type of crime and the reasons for its occurrence,and points out that the judicial practice is divided on this issue,which has a great impact on the fairness and dignity of justice.From the perspective of protecting the authority of the law and protecting the rights and interests of consumers,this article argues that protection should be provided in terms of regulating market supervision and management and strengthening product quality standards;the threshold of access should be raised and relevant laws and systems should be formulated;the protection of civil rights should be strengthened and the protection of civil rights should be reinforced.