[ Abstract ] The 13-year-old boy was killed after riding a small yellow car and was able to buy the unlock code on the Internet for 4 cents.
13-year-old boy riding a small yellow car to practice drifting speed too fast to fall and die
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On the afternoon of June 20, the Henan Provincial Public Security Bureau officially reported that two days ago, a 13-year-old boy from Zhengzhou was killed after riding a small yellow car. The insider said that at that time, the child cracked the small yellow car lock and caused drift on the downhill road. On the 21st, the Crime Squad No. 37 (WeChat ID: zhonganzu37) was informed from the emergency department of the Third People's Hospital of Henan Province that the death boy was actually falling while riding a small yellow car, but the cause of the death still needs to wait for the autopsy result. Lawyers said that if bicycles have quality problems, bicycle companies should bear corresponding responsibilities; but for such fatal accidents, their guardians also need to be responsible for poor supervision.
â–² 12-year-old boy fell after riding a shared bicycle, and then died after being rescued. Image from the web
13-year-old boy died after riding a small yellow car
On June 18th, Zhengzhou 4 children rode a small yellow car to practice drifting. One of the 13-year-old boys fell and died. The relatives were crying around the body. The insider said that the child had cracked the small yellow car and drifted downhill to cause tragedy. The accident is currently being further processed. At 3:3 pm on June 20, the official microblog of the Henan Provincial Public Security Bureau forwarded the news to confirm the above incident.
â–² Henan Provincial Public Security Department official microblog "Ping An Zhongyuan" confirmed the news of the boy's death. Phone screenshot
The agent was informed by the emergency department of the Third People's Hospital of Henan Province. On the afternoon of the 18th, the hospital received a phone call and learned that a boy fell on a bicycle on the production bridge of the Dongfengwan North Cross Canal in Zhengzhou City. At 6:02, after the medical staff arrived at the scene, the boy stopped breathing. After more than an hour of cardiopulmonary resuscitation, the medical staff finally announced that the boy was rescued and died.
A director of the emergency department of the hospital said that there was no obvious trauma to the boy. The cause of death still has no results, and an autopsy is needed to judge.
According to media reports, before the boy died, he played with three small partners on a small yellow car. In the process of playing, accidentally fell, climbed from the ground, the small yellow car on the ground pushed forward for a few tens of meters, then fell to the ground, never stood up again.
Agents learned from the Zhengzhou Municipal Public Security Bureau that the matter is still under investigation.
â–²The bicycle code lock is easy to crack. At present, many primary school students use bicycle after unlocking. Beijing News reporter Wang Fei photo
Pupils "fancy" unlock bicycles
According to the Regulations on the Implementation of the Road Traffic Safety Law, persons who drive bicycles and tricycles on the road must be at least 12 years of age. However, in real life, some children under the age of 12 are often seen in bicycle accidents. Earlier media reports said that children can play illegally and some shared bicycle locks are "easy to open". Agents found in interviews around the school that primary school students have many ways to crack bicycle locks, and even some parents will assist in unlocking.
For example, in the Jinbei North Campus of Chaoyang Experimental Primary School affiliated to Capital Normal University, many primary school students wearing red scarves are riding a “small yellow car†to go to school. Xiao Zhou, a 6th grade student of the school, told the agents that he had been riding to school and going to school every day since the fourth grade.
Xiaoren, a student of the National People's Congress, said that she also saw many junior students riding a small yellow car. Since some of the small yellow car passwords are fixed, you can use the vehicle repeatedly by remembering the password of a car, which many students know. "Primary school students under the age of 12 will write down the vehicle's password and then hide the car for their own use." In addition, Xiao Wang said that she has also seen some parents of primary school students will help children scan the code and open the lock.
In addition, some insiders said that in some "unlocking groups", many people sell the passwords of small yellow cars and manually unlock videos. Even if the user is under 12 years old and cannot register an account, the car lock can be opened by the above method.
â–² Network sells manual unlock video. Video screenshot
Can the lock of the small yellow car be easily cracked? The squadron investigators conducted a field experience in this regard.
On June 20th, after the agents searched for “ofo unlock†in the QQ group, there were 180 related groups. Most of the groups made announcements, “0.5 yuan to unlock theo shared bicycles†and “to enter the group to unlock the tutorialâ€. The agents then joined the two groups.
In a group called "ofo Xiaohuang car unlocked", the netizen "A human being is the vicissitudes of life" keeps sending messages, saying that it has a tutorial for unlocking hands. "No deposit, no certification, only 3 yuan, lifelong meeting Unlocking." Then, after the agent forwarded the ternary red envelope, he sent a video.
In this 1 minute 51-second video, a man turns the lock of the small yellow car and explains the unlocking method. The man said that when each dial is rotated to the correct number, there will be a different reaction at the lock button. Therefore, the correct password for the small yellow car can be slowly tried out. After more than 1 minute, the man tried out the 4-digit password and successfully opened the lock. In the comment area of ​​the video, many netizens commented that they also opened the lock by this method.
On June 21, the agent randomly selected two small yellow cars. According to the method in the video, each lock was opened for about 1 minute.
In addition, in the "ofo unlock sharing group", many netizens sent a message saying that they can get the password quickly by paying only 0.5 yuan.
â–² After paying 1.6 yuan, the netizen sent a bicycle password, and the agent then successfully unlocked. Beijing News reporter Wang Fei photo
On June 21st, the agent contacted a netizen named "Xox Deer Han" through this group. The netizen said that by paying 4 cents, you can open the small yellow car lock - "whether it is a lock or an electronic lock, you can."
At 1 pm on the 21st, the agent sent the license plate numbers of the four small yellow cars to the "Xox Deer Han", two of which were electronic locks, and the other two were locked, and then paid an unlocking fee of 1.6 yuan. About half a minute later, the netizen sent the passwords of the four cars. After the agent entered the password, the locks of the four cars were all sounded. The netizen said that after downloading a cracking software and paying a deposit of 199, the password for the small yellow car can be cracked. "You can only break 20 times a day."
Platform: In case of minors riding bicycles, they will discourage education in time.
On June 20, the agent contacted the relevant staff of the company. For the Zhengzhou boy riding a small yellow car fell to death, the person in charge said that he was deeply sorry for the accident that occurred in the child and had already followed up the relevant matters for the first time. Things are currently under investigation.
The staff said that ofo has taken a number of measures to limit the use of bicycles for children under the age of 12: for example, users will verify the identity of the user when they register, and if they are under 12 years of age, they will not be able to register, ono bicycles. A warning sticker has also been added to remind minors under the age of 12 that they cannot use it. In addition, the person in charge said that the ofo vehicles will arrange an operation and maintenance master in each designated area. In case of minors riding bicycles, they will discourage education in time, and will also conduct intensive inspections around the school during the peak period.
For the QQ group to sell unlocked video, unlock the password, the staff responded that they can report similar groups to them, they will report to the public security organs and cooperate with relevant departments. The staff did not respond positively to the shortcomings of the small yellow car lock itself.
Interpretation of serious cases
Minors safe to travel guardians need to fulfill their obligations
The 13-year-old boy from Zhengzhou fell on a small yellow car and died. Who is responsible for it? Lawyer Han Wei of Beijing Kangda Law Firm believes that:
First of all, the parents or other guardians of minors should bear certain responsibilities at this time. According to the "General Law of the Civil Law" and "Marriage Law", the parents of minors are the guardians of minors. They should fulfill their custody obligations for minors, raise and educate minors, and protect the personal safety of minors. The boy is 13 years old and belongs to a person with limited capacity for civil conduct. His parents have not fulfilled their custody obligations and should bear certain responsibility for Wang’s death.
Secondly, according to whether the bicycle company is at fault, whether it bears the corresponding responsibility. Han Wei analyzed that if the quality of the shared bicycle before the boy’s death is qualified, there is no safety hazard, and the shared bicycle company has fulfilled the obligation of reviewing and reminding the user, subjectively, there is no fault; if the boy’s own cause causes death, if he suffers If the disease or improper operation during cycling, the shared bicycle company will not be liable for compensation, but the family of the boy can be compensated according to the principle of fairness.
If the fault of the shared bicycle company leads to the death of the boy, if the bicycle provided has quality problems, and the bicycle is not found and disposed of by the company after being damaged by others, the shared bicycle company should be for the boy according to the relevant provisions of the Tort Liability Law. Death bears the corresponding responsibility.
Again, whether it is a video tutorial or spending money to unlock, the above acts constitute an infringement, which may also constitute a crime, and the trading platform also has a supervisory responsibility. In the case of online sale of unlocking technology, Korean lawyers believe that this behavior violates the law. On the one hand, it is suspected of constituting the crime of imparting criminal methods; on the other hand, this also violates the property rights of shared bicycle companies.
At the same time, Han Wei said that the trading platform has the responsibility of supervising and managing the activities on the platform, and has the obligation to review the products sold by users.
According to the provisions of Article 36 of the Tort Liability Law, network service providers know that network users use their network services to infringe the interests of others, and if they do not take necessary measures, they shall be jointly and severally liable with the network users. The network service provider knows that the network user infringes the civil rights and interests of others by using its network service, and fails to take necessary measures, and bears joint responsibility with the network user.
Therefore, when the trading platform finds illegal trading information, it deletes it in time and cannot assume responsibility. If it is not processed in a timely manner, it shall be jointly and severally liable for the release of the unlock information.
Beijing News reporter Zhao Kaidi
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