Electric Bike in Your Lift? Do You Have the Right to Intervene?

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News of electric bikes spontaneously combusting has been frequently reported of late. Something to do with the heat? And that’s reigniting the debate over the dangers posed by those who insist on taking their electric bikes home to charge. 

近来,电动自行车自燃的新闻屡见不鲜。跟热有关系吗?这重新引发了关于那些坚持把电动自行车带回家充电的人所带来的危险的争论。

The dilemma is this. If you encounter someone in a lift with their electric bike, do you have the right to challenge them?

困境是这样的。如果你在电梯里遇到骑电动车的人,你有权利挑战他吗?

Up until now, that was a bit of a grey area. But now we have a precedent. 

到目前为止,这还是一个灰色地带。但现在我们有先例了。

One day recently at noon time in Nanjing’s Jiangbei New Area, a man by the surname Li was about to push his electric bike into the lift, when another man, surnamed Zhao, intervened to stop it. 

近日中午,南京江北新区,一名李姓男子正准备将电动自行车推入电梯,被另一名赵姓男子上前制止。

During the resulting quarrel, Zhao shot a video and then posted it in their residential community’s WeChat group. In the video, Li’s entire body is clearly visible, reports The Paper.

在由此引发的争吵中,赵某拍摄了一段视频,然后将其发布到小区的微信群中。据澎湃新闻报道,视频中,李的整个身体清晰可见。

Li believed that Zhao’s behavior had damaged his reputation, and so he sought to sue Zhao and have a court demand that Zhao delete the video from his phone, apologise and pay compensation to the sum of ¥5,000 yuan for his “spiritual loss”.

李某认为赵某的行为损害了自己的名誉,遂向法院提起诉讼,要求赵某删除手机中的视频,道歉并赔偿“精神损失”5000元。

Zhao countered that Li had been violating the relevant regulations and that the content of the video was objective and true.

赵某反驳称,李某的行为违反了相关规定,视频内容客观真实。

The court of Jiangbei New Area held that illegal acts that infringe on the right of reputation usually take the form of insult and slander, which are subjectively malicious. 

江北新区法院认为,侵犯名誉权的违法行为通常采取侮辱、诽谤等形式,主观上是恶意的。

In this case, although Zhao uploaded a video and made inappropriate remarks, he did not create any false fact or commit insult or slander.

本案中,赵某虽然上传视频并发表不当言论,但并未捏造虚假事实,也没有进行侮辱、诽谤。

In the eyes of the law, Li had violated the Provisions on Fire Safety Management of High-rise Civil Buildings, promulgated and implemented by the Ministry of Emergency Management on 1 August of last year.

从法律角度看,李某的行为违反了应急管理部去年8月1日颁布实施的《高层民用建筑消防安全管理规定》。

So the next time it happens to you, take note. If you take your electric bike into your lift and someone else objects, gathering evidence of your deeds with their phone, they are not infringing your right of reputation.

所以下次当你遇到这种情况时,请注意。如果您将电动自行车带入电梯,而其他人反对,并用手机收集您的行为证据,他们并没有侵犯您的名誉权。

For your own safety and that of others, The Nanjinger reminds:

为了您和他人的安全,南京人提醒:

  • Electric Bikes shall be centrally and uniformly parked in designated areas and charged therein as appropriate
  • Do not park or charge electric bikes at home
  • Do not park or charge electric bikes in public areas, such as stairwells, fire exits and emergency exits
  • Electric bikes should not be charged for longer than 8 hours. Any longer increases the likelihood of heat building up and possible spontaneous combustion

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