On October 17, 2022, a criminal civil public interest lawsuit filed by the Qingpu District People's Procuratorate for the sale of illegally modified electric bicycles was heard in court. The defendant Chu Moumou was sentenced to fixed-term imprisonment of 9 months, probation for one year, and a fine of RMB 40,000.
At the same time, according to the public interest litigation request of the procuratorate, Chu was ordered to publicly apologize in national media for his sales of counterfeit products within 30 days from the date of the judgment, issue consumer warnings (performed) in national media, recall the sold modified electric bicycles, eliminate safety hazards, and compensate for economic losses.
Starting from 2020, during the operation of an electric bicycle shop, the suspect Chu Moumou knew that the state stipulates that the " electric bicycle safety technical specifications " GB17761-2018) electric bicycle battery calibration voltage shall not exceed 48v and the maximum speed shall not exceed 25km/h, and still sells illegally modified electric bicycles that exceed the standard to obtain illegal benefits.
As of October 24, 2021, Chu Moumou sold more than 20 illegally modified electric bicycles with sales of more than RMB 60,000. At the same time, the public security organs also arrested Li Moumou and others, who sold batteries that exceeded the standard based on clues.
As a super-large central city, urban public safety is particularly important. Electric bicycles have become an important means of transportation due to their convenience of use, but there are many types of electric bicycles on the market and it is difficult to supervise. Some shop owners carry out various illegal modifications and assembly in order to pursue interests, resulting in frequent accidents such as electric bicycle traffic, fires, and explosions, posing a serious threat to the safety of people's lives and property.
When handling the case, the Qingpu District Procuratorate did not simply pursue the criminal responsibility of the parties. Instead, it used the "criminal + public welfare + governance" one case three-investment model to radiate to public welfare maintenance through individual case handling and participate in social governance.
Qingpu District Procuratorate takes the lead and comprehensively investigates the situation of illegally modified electric bicycles in its jurisdiction, filed civil public interest litigation for those who meet the conditions for filing a case, and filed lawsuits such as issuing consumer warnings, recalls and eliminating safety hazards, and compensating for losses, depending on the circumstances. At the same time, we will encourage the competent authorities to strengthen industry supervision, take the fire safety of electric bicycles as the basis, conduct special discussions with the competent authorities and issue pre-trial prosecutorial recommendations.
competent authorities carried out a special investigation on this, investigated and dealt with 7 stores suspected of the same illegal behavior, issued 300 notices prohibiting "electric bicycle assembly, addition, and modification", and carried out special supervision activities for urban safety operation in accordance with the law, and supervised the safety management problems of electric bicycles such as flying line charging and illegal parking in accordance with the law.
In addition, industry personnel, legal experts, NPC deputies and CPPCC members were invited to organize seminars for discussion, and strive to achieve the social governance results of the exceeding the standard of electric vehicles through leak-proofing and legislative suggestions, explore and promote the formulation of national standards for lithium batteries for electric bicycles or Shanghai standards, and do a good job in consistency certification of lithium batteries for electric bicycles, product certification , and mandatory certification, severely crack down on the sale of "three-no" batteries, and strengthen industry norms.
