Mandatory use of child safety seats is urgently
needed Low usage rate of children's "life-saving chairs" Experts call for national legislation
□ Our reporter Hou Jianbin
A few days ago, the "Concern for Children's Car Safety Cloud Seminar" was held, and many industry experts actively offered suggestions on how to ensure children's car safety.
"Legal Daily" reporter noted that the two data at the seminar are very eye-catching: One data shows that nearly 180,000 children worldwide die from road traffic injuries each year, and more than one-third of them die from riding. In my country, road traffic injuries rank second in the ranking of the death causes of children aged 1 to 14.
Another related data suggests that the correct use of child safety seats can reduce the possibility of fatal injury for infants under 1 year of age by 71%, and the possibility of fatal injury for children aged 1 to 4 years by 54%, for children aged 4 to 7 years The probability of fatal damage is reduced by 59%.
Obviously, when a traffic accident occurs, the safety seat becomes a "lifesaving chair" for children, but the usage rate in my country is very low. Many experts agreed that the failure to use child safety seats and other safety protection devices in travel is the main reason for increasing children's road traffic injuries. With the increasingly complex road traffic environment, the road safety of children is no longer urgent. Experts called for the mandatory use of child safety seats as soon as possible into the national protection laws and other relevant national laws to protect children's right to life and health.
Safety seat usage is low
Children's ride risk soars
According to statistics from the Ministry of Public Security, as of the end of 2019, the number of motor vehicles in the country reached 348 million, of which 260 million were in cars, and the number of vehicles in 66 cities nationwide exceeded one million. The number of cars per thousand people has grown from less than 10 to over 180, reaching the global average.
Although the number of cars in my country is increasing year by year, many people do not have enough knowledge about the safety of children in riding: they are used to sitting in the car with children in their arms, or let children use adult seat belts, and even let children sit in the co-pilot position.
"These wrong practices not only cannot protect children, but also increase the degree of injury in case of danger." An industry source admitted that letting the child sit in the co-pilot position, the airbag will directly hit in the event of a collision. Its head and face can hit a hundred kilograms instantly.
Research data from the emergency department of Beijing Children’s Hospital show that among the children with traumatic brain injury caused by road traffic injuries, 54% are passengers in motor vehicles, 37% are pedestrians, and 9% are motorcycle/bicycle/electric vehicle passengers. It is worth noting that all children with traumatic brain injury under 1 year old are passengers in motor vehicles, and no child safety seats are installed.
Zhou Wenhui, director of the Vehicle Safety Research Center of the Road Traffic Safety Research Center of the Ministry of Public Security, pointed out that if a horizontal comparison is made, the deaths caused by traffic accidents are not very different from children and other groups, and the overall trend is declining, but the total is still not small. Holidays are particularly serious. "Among them, the failure to use child safety seats and other safety protection devices when traveling by car is the main reason for aggravating children's road traffic injuries."
Fang Dan, a road safety and injury prevention official at the World Health Organization's representative office in China, said that the correct use of restraints such as child safety seats in a vehicle collision can greatly reduce the risk of death for infant passengers.
The China Women’s Development Foundation’s “Survey Report on the Safety of Children’s Cars and the Use of Child Safety Seats in Some Large and Medium Cities” shows that the correct use of child safety seats can reduce the possibility of fatal injuries for babies under 1 year old by 71%. The probability of fatal injury for children up to the age of 4 is reduced by 54%, and the probability of fatal injury for children aged 4 to 7 is reduced by 59%.
"People think that holding children can reduce casualties is actually a misunderstanding." Zhang Guogang, dean of the Third Xiangya Hospital of Central South University, said that from the experience at home and abroad, the use of child safety seats can significantly reduce the accidents caused by riding s damage.
Experts generally believe that the safety seat has become a "life-saving chair" for children in traffic accidents, but the usage rate in my country is very low, resulting in road traffic injuries becoming one of the main killers of children's death in my country.
As for the reasons for the low usage rate of safety seats, Zhou Wenhui analyzed that, in addition to the conceptual reasons, on the one hand, children are reluctant to take child safety seats; on the other hand, parents think that the distance traveled is relatively short, and loading and unloading are more troublesome.
The "China Children's Traffic Safety Blue Book 2018" released by the China Automotive Technology and Research Center supports the experts' views. The blue book points out that "children are older", "children don't like it", "insufficient space in the car" and "inconvenient installation and disassembly" have become the four main reasons why parents do not equip children with child safety seats.
Local legislation blossoms everywhere
Mandatory use is imperative
Zhang Guogang reminded that a series of traditional ideas should be changed, and the use of the "Healthy China Action (2019-2030)" plan to promote the use of child safety seats as soon as possible.
Zhang Guogang said that for the prevention of children's riding risks, the safety seats should be used reasonably according to their age, height and weight to improve accessibility and operability to reduce the occurrence of traffic accident injuries, and the use of child safety seats is mandatory through legislation Imperative.
At present, more than 90 countries and regions have issued laws and regulations on the mandatory use of child safety seats, of which the usage rate in the United Kingdom, Germany, Sweden and other regions has even exceeded 95%.
Fang Dan said: "After the legislation in these areas, the rate of child casualties in car accidents has also dropped significantly."
In my country, at present, there is no relevant legislation on the mandatory installation and use of safety seats at the national level. Only some places have incorporated child safety seats into local regulations.
In 2014, Shanghai included the use of child safety seats in the "Shanghai Minors Protection Regulations", which clearly stipulates that children under the age of four should be equipped with and use child safety seats correctly in family passenger cars; parents Or other guardians and other adults who carry minors under the age of twelve in a car shall not be arranged to sit in the co-pilot seat. In 2017, it was incorporated into the "Shanghai Road Traffic Management Regulations" and punitive measures were introduced.
Wu Fan, deputy dean of Shanghai Medical College of Fudan University, commented: "Overall, the effect of the regulations is more obvious. The ownership rate and utilization rate of child safety seats in Shanghai in 2018 are different from those before the 2014 regulations. The indicators have improved significantly."
"Legal Daily" reporter noticed that on August 1, 2014, Shandong also issued local regulations on the safety seats for children riding on highways; shortly afterwards, Shenzhen again had to ride safely in private cars for children under four years old. Seats and children under the age of twelve cannot be seated in the co-pilot position. Legislation will take effect on January 1, 2015.
Since then, child safety seat legislation has blossomed everywhere. On May 1, 2016, the “Nanjing Minors Protection Regulations” made it clear that children carrying minors under six years of age in family cars should be equipped with and use child safety seats correctly. One month later, the "Hangzhou Road Traffic Safety Management Regulations" requires that children under 4 years of age or less than 1 meter in height should be equipped with and use child safety seats correctly in a small car.
In addition to the above-mentioned provinces and cities, Inner Mongolia and other places have also issued local regulations requiring children under four years of age or infants and young children to be equipped with and correctly use child safety seats when riding in a family car. Shenzhen, Guangxi, Inner Mongolia and other places have also introduced Punitive measures. According to relevant media statistics, as of November 2019, 17 provinces and cities nationwide have included child safety seats in local regulations.
Wu Fan said that the adoption of legislation can promote the use of child safety seats and reduce injuries in riding. "Previously, certain support was given from national policies and product standards. At present, my country's legislation on children's ride restraint devices has matured."
National legislation is expected
Technical issues to be demonstrated
"At present, the National Law on the Protection of Minors and the Road Traffic Safety Law have not yet mandated the use of child safety seats, but road traffic safety is related to the life and health rights of minors. We should pay close attention to it. Now the country has local experience, It is also necessary to consider including it in the national legislative level." As one of the experts involved in the formulation and revision of China's minor protection law, Tong Lihua, director of the Beijing Youth Legal Aid and Research Center, pointed out that "currently, it is China's minor protection law At the time of the revision, this provided an opportunity for the child safety seat to be officially incorporated into national legislation. Incorporating the child safety seat into the Minor Protection Law will help protect the life and health of minors and enhance the protection of the whole society. Awareness of children’s road safety. If possible, it can be considered for inclusion in the Road Traffic Safety Law and Family Education Law in the future."
Tong Lihua admitted that in the legislative process, he may face some legislative technical problems. Some places require that children under the age of 4 should be equipped with child safety seats in the process of riding a family car; in some places, height is required, and children under 1 meter should be equipped with safety seats. Whether the standard is age or height, and if it is age, how old should it be, etc. These are all things that need to be thoroughly demonstrated in legislation.
Zhou Wenhui believes that in addition to this, in legislation, it is necessary to define what is the correct use of child safety seats? Is there a penalty for incorrect use? What should I do if it is not used as required? When punishing, is the driver or guardian punished? These issues all need further research.
Wu Fan admitted that from the perspective of Shanghai's legislative experience, it is necessary to follow the method of enriching evidence, changing the difficulty first, and taking multiple security measures in the promotion of national legislation. And only through scientific legislation and open-door legislation can it be better promoted in future implementations.
"When making legislation, we must give full consideration to the operability of law enforcement." Wu Fan said, taking the child safety seat standard as an example, during the on-site law enforcement process, if the law enforcement personnel obviously have difficulties based on height, the height and The combination of age is more appropriate.
Wu Fan emphasized that if there is no implementation or no means of punishment after the legislation, there will be cases where it is difficult to comply with the law or non-compliance, which will seriously affect the legislation and the authority of the law. Therefore, when making legislation, it is necessary to consider whether to formulate encouraging and advocacy clauses or disciplinary and mandatory clauses. If it is a mandatory clause, there must be punishment provisions, and it is clear who enforces, how, and how to punish.