"Since be card full a cost, fill a value to more or less be decided naturally by me, must by rigid of side of what subway company setting be 50 yuan integer times? " a few days ago, li Tongxue of courtyard of law of Hunan Normal University to " Chinese consumer signs up for " Hunan reporter station is complained, think this one practice is suspected of subway respect clause of Xiang Yu the Conqueror.
1
Undergraduate experience
Charge a cost 40 yuan are rejected
On April 8, li Tongxue prepares from Changsha subway 51 square station takes 2 lines to stand accept a person, when entrance of pull in gate brushs the subway to get stuck, discover remaining sum is insufficient. Then he comes to window of nearby center of subway station customer service, wanting to charge a cost for subway card, the result crosses the whole body, also turn over 40 yuan only. But the staff member of customer service center tells him, 40 yuan do not close, want 50 yuan to charge a cost the least. But, li Tongxue says: "Then I fill 50 yuan, 40 yuan of cash, 10 yuan brush small letter or pay treasure. " result, the staff member's answer is " be no good, we receive ready money only, do not support small letter and pay treasure. Do not support small letter and pay treasure..
Data chart
The subway stands the Li Tongxue that the staff member's answer lets learn law immediately muddled. He lent 50 yuan of ready money to the person of the same trade's friend, him along with 40 yuan of cash go forward one by one together the window, make clear to the staff member charge a cost 90 yuan. Result staff member tells him, or charges a cost 50 yuan, or charges a cost 100 yuan. Litong learns pair of this feel puzzled. Staff member explanation says, company provision, what fill a value to be 50 yuan every time is times more integral.
"What logic is this? Buy the subway to fill value card at the outset, with respect to collection 17 yuan card fee, charge a cost now how many, cannot be myself still done advocate? Still have must charge a cost 50 yuan of times more integral rigid regulations? " face subway company this one provision, li Tongxue one face is helpless.
2
Changsha subway is responded to
Learn nonlocal way
After receiving what Litong learns to complain, " Chinese consumer signs up for " reporter in Changsha many subways station undertook dark visit. The reporter stands in level ground of 51 square station, sweet-scented osmanthus early or late, south station of doorway station, Huang Xingan field, feign weighs 40 yuan to charge a cost, 60 yuan or 80 yuan, what staff member of window of center of subway customer service all expresses 50 yuan to be able to charge a cost only is times more integral. The reporter saunters inside subway station, discover limited company of group of transportation of orbit of the Changsha City to have inside propagandist shopwindow " nominative card sends traffic of orbit of the Changsha City to use method all right " and " ticket Wu information " wait for conduct propaganda. The reporter notices, set about charging a cost among them, its are stated for " common store value card, student card can stand each in Changsha orbit traffic machine of ticket of automatic carry out or customer service center charge a cost, what fill worth amount to must be 50 yuan every time is times more integral, the remaining sum inside the card after charging a cost does not exceed 500 yuan. The remaining sum inside the card after charging a cost does not exceed 500 yuan..
On April 15 morning, the reporter will to limited company of group of transportation of orbit of the Changsha City interview, have to the company charge a cost 50 yuan of times more integral regulations, sectional chief expresses to have this matter truly related the company, in " traffic of orbit of the Changsha City store value card issues use method " clear already " Changsha orbit traffic store what the value gets stuck to fill a value to be 50 yuan every time is times more integral, the remaining sum inside the card after charging a cost is highest do not exceed 500 yuan " , have undertake in part of center of customer service of station of Changsha subway the whole line fair show. This controller emphasizes, "" traffic of orbit of the Changsha City store value card issues use method " it is a basis business of value of director of prices of the Changsha City [2014] 92 article are drafted those who promulgate. "" traffic of orbit of the Changsha City store value card issues use method " it is a basis business of value of director of prices of the Changsha City [2014] 92 article are drafted those who promulgate..
Reporter inquiry company is to stem from why to plant reason or reason make this provision, this controller expresses is to consult the practice of provincial and certain city.
3
Lawyer viewpoint
Be suspected of clause of Xiang Yu the Conqueror
In the light of limited company of group of transportation of orbit of the Changsha City this sets, the reporter interviewed legal personage.
Office of farsighted state attorney carries out Hunan director Liu Ming's lawyer thinks: Basis " banking law of people of China of People's Republic of China " the 3rd chapter the 16th regulation: "The legal money of People's Republic of China is a RMB. Pay everything of churchyard of People's Republic of China common and private debt with the RMB, any units and individual do not get rejection " . From particular significance, subway company rejects consumer use blame 50 yuan rectify several times cash to charge a cost, itself violated afore-mentioned legal regulations.
In addition, of subway company charging a cost must be 50 yuan of times more integral regulations are suspected of clause of Xiang Yu the Conqueror.
Alleged " clause of Xiang Yu the Conqueror "
Basis " consumer rights and interests protects a law " regulation, it is operator uses information asymmetry, supply demand relations lopsided, the evades responsibility of oneself of legal obligation, derate imparity pattern contract that one-sided makes, announcement, statement and inn hall annunciate or industry usual practice, with this consumption imparity the clause forces consumer, limit consumer travel right.
In this case, subway company uses its advantage position, pursue only oneself are convenient, limit customer pay fee, be suspected of disobeying " consumer rights and interests protects a law " regulation.
Hunan 10 thousand with associated attorney office Li Jian's lawyer expresses, according to " consumer rights and interests protects a law " the 10th regulation, consumer enjoys the right that trades fairly.
" consumer rights and interests protects a law "
When consumer is buying commodity to perhaps accept a service, authority acquires quality safeguard, value is metric and reasonable, true wait for fair trading terms, of the person that have camp of authority refus menopause trade compulsively behavior. In addition 16 also are made clear, operator is tasted to consumer provider or serve, ought to scrupulously abide by social morals, sincere letter is managed, ensure the legitimate rights and interests of consumer; Do not get set inequity, unreasonable trading terms, must not trade compulsively.
Li Jian thinks, the cost is being charged in this incident must be 50 yuan of integer times, belong to the trading terms with the unreasonable inequity that operator installs apparently, enroach on consumer freedom option, ought to give lawfully correct.
Li Jian appeals at the same time, regard public service as the enterprise of the domain, bearing the weight of originally civilian Hui Min's function, because this still wants encourage the free airing of views, clingy the people's livelihood, what just can realize business market economy and social value so is much win.
Turn from Chinese consumer to declare
