On June 25 afternoon
Be called " general fast train is smokeless lawsuit the first case "
Li Mou appeals to case of Harbin railroad bureau
In Beijing railroad carriage court open a court session is adjudged
Forensic first instance sentences your requirement
Iron breaths out bureau company to be after adjudicative become effective in
Smoking district abolishs inside 30 days, remove smoking set
How does Zhong Lan of accuser representative lawyer accept media to interview after adjudge
Experience is secondhand smoke
The undergraduate sues railroad bureau
Last year in June, undergraduate Li Mou takes K1301 from Beijing station second train travels to Tianjin, encounter on board secondhand smoke. In complain to relevant section without fruit hind, li Mou should wade operation of train in haing bureau company appeals to iron to the court, requirement the accused abolishs the smoking district inside K1301 second train, remove smoking set and prohibit be inside K1301 second train smoking, this case also is called " general fast train is smokeless lawsuit the first case " .
On December 27, 2017, beijing railroad carried a court to hear this case publicly. Argue of bureau of railroad of the accused Harbin says: This bureau in general joint of fast train railroad car sets smoking area not lawbreaking regulation, also did not cause tort to accuser; The accused carries accuser safety on schedul Tianjin station, already fulfilled a contract to answer do one's duty, case of nonexistent break a contact. That day, the court was not adjudged on the court.
Cover journalist understands, the accused square in iron breaths out bureau company to think, our country has the 300 million person that smoke more, offer for the passenger fulfill an environment cozily to need to undertake dredge to smoking passenger, is not overall ban on opium-smoking and the opium trade, ban on opium-smoking and the opium trade of long-distance passenger train is to the passenger " painful process " .
Accuser takes photographed smoking place on general row
Forensic court decision
K1301 second abolish smoking district
On June 25 afternoon, li Mou accuses case of Harbin railroad bureau carries forensic open a court session to adjudge in Beijing railroad, the court rules the iron in making ask breaths out bureau company to be after adjudicative become effective 30 abolish smoking district in a few days, remove smoking set.
The court expresses in judgment, smoking is the freedom of the person that smoke and right, but freedom and right are not absolutely, do not have border. When right happening conflicts, need considers the right in legal value system rank, protective some right is meant control another kind of right, the restriction that judicatory judgment needs to carry pair of individual liberty and right will achieve the balance of social interest. Think commonly, health of life power prep above fors the time being, the other right such as right of sex of belongings of prep above of healthy advantageous position.
"Judicatory judgment matters to public order, the maintenance of environment of kind-hearted custom, zoology, should suitable in season acting development is built with the compose of harmonious judicatory, harmonious society for a home to return to, lead lawful behavior way, promote correct value orientaton. " Beijing railroad carriage court thinks, sentence the iron in making to breath out bureau company to abolish smoking district, demolish smoking set to come true thereby in train ban on opium-smoking and the opium trade, be helpful for communal environment and the citizen's healthy protection, can rise to safeguard a society the effect of public interest.
Forensic judgment
In addition, in the court decision June 25, the requirement court that the court puts forward to accuser Li Mou sentences the iron in making to breath out bureau company to compensate for cost of representative of the money that buy a ticket, attorney, compensation compensation of loss of 1 yuan of spirit, make an apology etc appeal to beg did not grant to support.
With all possible means viewpoint
Chinese disease accuses central researcher Wu Yiqun:
This law case the career accusing smoke to China is an encouragement. The court counterpoises to the citizen's health in argue the smoking authority of the person that prep above smokes gives affirm, "Explain law gave support to smokeless environment, this bit is very important. This bit is very important..
Zhong Lan of accuser representative lawyer installs:
The court is in about smoking the treatise of harmful and healthy part is very important. His result to the court decision is basic and satisfactory, fail to support prosecutor to the court square other a few appeal to beg, how does Zhong Lan express, social progress needs successive, the process that controls smoke cannot tuft and, need is advanced ahead as ceaseless development of the society.
Sun Weihong of lawyer of the accused representative:
Haing bureau supports iron all the time in the measure that accuses smoke, but the accused just thinks to solve problem accusing smoke through lawsuit is not best means.
Sentence in the court your after K1301 second train abolishs smoking district, the other and common train that whether this adjudicates to the iron in can you be opposite breaths out bureau company operation produces an effect?
To this, sun Weihong of lawyer of the accused representative expresses, particular operation will be decided by company side, the lawyer cannot make a response. He expresses at the same time, whether be opposite the decision after discussing with the company today's adjudicative result make appeal.
