Because be on K1301 of common passenger train experience is secondhand smoke, undergraduate Li Jing (alias) Harbin railroad bureau (hind more the name is Chinese railroad Harbin bureau group limited company) tell a court, this case is called home is public smokeless lawsuit the first case. Yesterday afternoon, this case carries a court to be adjudged publicly in Beijing railroad, the court is sentenced your Harbin railroad bureau cancels K1301 label of area of second train smoking and smoking set.
Experience is secondhand smoke
The undergraduate sues railroad bureau
June 2017, the Li Jing that just takes an examination of an university takes K1301 second train (Beijing station stands to Tianjin) travel to Tianjin, beijing is returned by the car again after 3 days. Get on a car, she discovers train to go up " aerosol winds around " , was full of thick smoke flavour, she feels the air all round is particularly poor at that time.
Li Jing discovers, although the passenger is the cigarette that smokes in smoking area, but whole railroad car is smoke flavour. She returns discovery, two train go there and back to go up to all be installed in what she takes have smoking area, inside the person that in train smoking area smokes, not only the passenger still has train staff member, the passenger has minded it seems that not strange, do not have a person to prevent, the staff member also undertakes dissuasion without the smoking behavior to the passenger.
Li Jing thinks, in the safety instructions that takes the train to go up in her, mentioned expressly " prohibit in train each place smokes " , but install again however on the car have smoking area and set smoking set (cigarette ash box, ashtray) , this kind of practice is unreasonable. Subsequently, mirrorring a circumstance not to have fruit hind to many branches, li Jing sues a court.
Li Jing requests a court to adjudicate 102.5 yuan to Harbin railroad bureau compensates for his to buy ticket fund, pay plaintiff attorney the representative cost and this case legal cost, cancel Beijing station and Tianjin station platform, K1301 the smoking area inside second train, remove smoking set, prohibit smoking in afore-mentioned area, at the same time compensatory spirit damages cost RMB 1 yuan, and the RMB of guaze mask charge that accuser purchases to reduce smaze place 19 yuan.
Harbin railroad bureau:
Setting smoking area does not break the law
Last year in December, this case carries forensic open a court session in Beijing railroad.
In the front courtyard careful at that time, harbin railroad bureau expresses on the court, railroad bureau does not make break a promise, also do not undertake responsibility of breach of contract. According to ticket, the accused already accuser Li Jing on time service destination, and Li Jing was not harmed by any bodies, also did not produce any body unwell consequence to Tianjin hind.
Harbin railroad bureau in general joint of fast train railroad car sets smoking area not lawbreaking regulation, also did not make inroad to Li Jing. Because train joint closes the gender is not strong, can volatilize aerosol. Experience case train passes many places, be as long as many hours 30, most station jockeys 3 minutes two merely, ban set smoking area to may be opposite communal safety belt comes to other passenger and train greater harm. Only in the province city of train by way of Beijing and Tianjin have byelaw accusing smoke, train installs smoking area to have rationality and lawful sex.
In addition, the blame smoking area that the State Council published executive railroad safety regulation to provide train of border of motor-car group, nonstop train, city and common train 2014 prohibits smoking, but area of smoking of setting of joint of fast train railroad car did not disobey general relevant law provision.
Harbin railroad bureau still thinks, this case name is dispute of contract of railroad passenger transportation, essence is commonweal contentious case, accuser advocates the accused assumes tort responsibility already, advocate the accused undertakes responsibility of breach of contract again, lawsuit advocates mutual contradiction, request what the court rejects accuser to sue accordingly.
Forensic court decision
K1301 second abolish smoking district
Yesterday adjudge the spot, li Jing of accuser square party does not have those who appear in the court to adjudge the spot. Accuser and the accused all are appeared in court by acting lawyer join suit.
Beijing railroad carries a court to think, the area of smoking of setting of Harbin railroad bureau, smoking case that puts smoking set place to acquiesce brings about diminution of quality of the environment inside the car necessarily, although compare railroad car interior, train joint is ventilated the condition is better, but the aerosol that smoking place sends out still can wave come loose railroad car is in-house, reduce the air quality of train whole, affect the environment of the passenger that take a car.
Paste of Harbin railroad bureau has clearly in the safety instructions inside train " prohibit in train each place smokes " , indicating K1301 second train is whole vehicle ban on opium-smoking and the opium trade, the passenger that always takes this car should abide by regulation of ban on opium-smoking and the opium trade, but the setting smoking area, action that puts smoking set contradicts with afore-mentioned safety instructions, the compasses phasing of as safe as railroad also regulation is contrary to.
In K1301 to what Li Jing puts forward second train abolishs smoking district, remove smoking set appeal to beg, the court gives support. The court thinks, abolish smoking district, demolish smoking set to realize whole vehicle ban on opium-smoking and the opium trade thereby, be helpful for communal environment and the citizen's healthy protection.
Final, beijing railroad carries forensic court decision, harbin railroad bureau is in adjudicate become effective 30 days in cancel K1301 the smoking area label of second train and smoking set, be opposite considering the specific economy cost that removes smoking set and likelihood establishment of railroad car itself is caused damage, the court allows Harbin railroad bureau to take flexible step, if adopt pair of smoking set keep out, seal, the means such as paste a paper strip for sealing. Rejected the other suit request of accuser.
To adjudicating a result, the acting lawyer of respect of Harbin railroad bureau expresses, current, railroad bureau had increased the propagandist strength to prohibiting smoking, remind through broadcast on board for instance do not smoke, will increase strength of go on a tour of inspection again next.
