On September 19, in Hunan always the city reachs Shenzhen boreal G6078 on second train, one woman ticket is 10D but sit on the 10F seat that relies on a window however, before train staff member goes up, coordinate, this woman argue says " did not write again above saddle " , reject Id examination. Because the staff member is not had,execute the law influence, passenger of final harmonious 10F takes other place.
↑ graph occupies CCTV
According to police was reported on September 20, in seat of other of the forcibly occupy on Gao Tie " bully female " , be fined with 200 yuan by police department. To this, the lawyer points out, police is opposite lawfully " bully female " the decision that makes 200 yuan of amerce is administrative punishment, be occupied the passenger is in civil go up to still have relief medium of communication, can shape is accused " bully female " encroach seat access, can sue railroad to did not make an appointment with directional passenger to provide the place of ticket place account according to the contract even.
"Bully female " be in fine with 200 yuan
20 days, place of public security of Heng Yang railroad is released alarm the bulletin weighs affection, on September 19, 2018, week is such-and-such (female, 32 years old) take place of other of forcibly occupy of G6078 second train and do not listen to train staff member to dissuade. The place obtains evidence via be being investigated lawfully, maintain its behavior to form " the order on tool of disturbed public traffic " disobey action of public security government, basis " public security management sanctions a method " the 23rd the first the 3rd regulation, punish in order to fine 200 yuan administration to Zhou Mou somewhere.
Chengdu business signs up for a reporter to notice, in area of small gain comment, the netizen thinks 200 yuan amerce " too light " . Basis " public security management sanctions a method " regulation, disturbed bus, electric car, train, shipping, aerostat is other perhaps of the order on public traffic tool, should be in the warning perhaps fines 200 yuan below, the clue is heavier, be in 5 days of above 10 days to be detained below, can be in 500 yuan of the following amerce.
↑ police is reported
Lawyer viewpoint 1:
"Bully female " encroach seat access
Can ask its are compensated for but the loss is more difficult quote
Guo Gang of office of attorney of Sichuan square plan's lawyer tells Chengdu business signs up for a reporter, be occupied the passenger still has civil relief medium of communication, one kind is view tort, one kind is view break a contact. "But party cannot hold tort and break a promise at the same time, can choose only among them a kind of brief of a case undertakes thought fors the time being. Can choose only among them a kind of brief of a case undertakes thought fors the time being..
Guo lawyer expresses, can be brought about with the 3rd person and the carriage contract between railroad cannot accurate fulfill for, shape accuses railroad.
He thinks, what set in contract law is collateral and compulsory, the collateral obligation of the contract included announcement, assistance to wait, specific to this thing, railroad is accountability locally person and fraise " cleared " , railroad did not fulfil this collateral obligation, bring about a contract to fulfill not complete, make break a promise.
Guo Gang's lawyer expresses, to existence loss but loss hard calculative case, contract law sets, can the compensation with symbolistic request of take into consideration the circumstances. And if railroad is sentenced to make recoup a loss, can chase after countervail to the passenger that usurps a place.
Besides view railroad beak a contract, guo lawyer thinks, still can advocate bully passenger tort. He expresses, after buying a ticket, the passenger has the access of pair of seats that indicate on ticket, "Bully female " encroached other passenger the access to the seat.
And peaceful and Liu Xiu of solicitor of peaceful attorney office have different view, he thinks, if railroad branch idle counterpoises at helping passenger dimension, railroad branch is put in fault on management, can sue railroad department right now, but if had interference in time, with respect to nonexistent liability to pay compensation, and if want to be sued directly,take a passenger, although theoretic feasible, but the loss that cause is very difficult quote.
Think to a few people door of the Ministry of Public Security gives 200 yuan of amerce to be punished too gently, liu Xiu's lawyer thinks, railroad branch interior also should set corresponding chasten mechanism, limitation occupies a passenger to will take a train henceforth.
Lawyer viewpoint 2:
Did not provide the place on ticket to the passenger
Railroad carries a section or make break a promise
Zhou Zhaocheng of solicitor of office of one law division is accepting Beijing when interviewing, point out, sectional since is carried in our country railroad an administration principal part, also be a civil main body at the same time, the contest that the concern of railroad passenger traffic that forms between its and passenger is a kind of common private law substantially joins a concern.
Zhou Zhaocheng thinks, when the passenger by ticket pull in later, till its give a station, the controversy that causes during this attributes administrative controversy, applicable administrative law is adjusted. Accordingly, if encounter this to plant " bully " , the passenger can reflect the condition steward or guard, adopt corresponding coercive measures to perhaps be punished by the force of guard basis state law.
Nevertheless, he also expresses at the same time, the legal position of railroad bureau also is a civil main body, between railroad bureau and passenger concern because of the railroad passenger traffic that buy a ticket and generates, it is impact of a kind of civil law, namely civil contract concerns. After the passenger carries a branch to buy ticket from railroad, both sides concerns with respect to the law that is put in carriage contract, the train ticket is the civil contract proof between passenger and railroad branch.
Zhou Zhaocheng points out, if railroad carries a branch to did not make an appointment with directional passenger to provide the place of ticket place account according to the contract, even if has the illegal action of the 3rd person, bring about a passenger unavailable the place that oneself choose, railroad carries a branch to also make break a promise. The passenger can protect an orgnaization to complain to consumer rights and interests accordingly, also can mention to the court directly civil suit.
Chengdu business signs up for reporter Zhu Haojie to edit Tang Huan
