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Jiangsu has special legislation to strengthen the management of public security in public transportation, and there are laws to be followed to prohibit hegemony and steering wheel grabbing

author:China Jilin Net

Recently, the Standing Committee of the Provincial People's Congress deliberated and adopted the Regulations on the Administration of Public Transport Security in Jiangsu Province, which will be implemented from May 1 this year. This legislation strives to build a solid defense line for the rule of law in public transportation public security management through systematic system design, which gives a rule of law response to hot issues such as snatching the steering wheel of buses, conflicts between drivers and passengers, and qualification examination of online ride-hailing drivers.

The public transport security management in our province is facing multiple pressures

Since the "13th Five-Year Plan", public transportation in our province has developed rapidly. Up to now, 5 districted cities in Jiangsu have opened and operated 26 subway lines, with an operating mileage of 870 kilometers, and the lines, vehicles, passenger flow and employees of subway buses, automobile passenger transport, taxis, etc. are at the forefront of the country. During the "14th Five-Year Plan" period, our province will actively build a multi-level, multi-mode urban public transportation system, by 2025, about 40 new comprehensive passenger hubs will be built, the coverage rate of nodes at the county level and above will reach 60%, and the province will add more than 200 kilometers of urban rail transit line network, with a total mileage of more than 1,000 kilometers.

The rapid development of public transport has put enormous pressure on public safety. Chen Yufeng, chief of the Internal Security Corps of the Provincial Public Security Department, said that since 2010, dozens of criminal cases such as arson, explosions, hijackings, and robbery of the steering wheel of moving vehicles have occurred in some parts of the country in some parts of the country, resulting in major casualties and property losses. Since 2020, the province's public security organs have investigated and dealt with 68 cases of passengers beating up bus drivers and robbing the steering wheel of a moving bus to obstruct safe driving, arresting 1,284 criminal suspects; seizing more than 28,000 inflammable and explosive materials, and controlling 985 cases of knives, firearms, ammunition and police equipment. The average daily passenger flow of the subway in the province has also been showing a rapid growth trend, especially during major holidays, commuting morning and evening rush hours, passenger flow gathers in a short period of time, once the response is improper, it is very likely to cause congestion and stampede and other public security disasters.

Xia Zhengfang, deputy director of the Legislative Affairs Commission of the Standing Committee of the Provincial People's Congress, told reporters that at present, there is a lack of specialized laws and regulations at the national and provincial levels to regulate the field of public transportation public security management, and only there are scattered and sporadic provisions in laws and regulations such as the Public Security Administration Punishment Law and the Internal Security Regulations, which are far from meeting the actual management needs.

Special provisions are made for ride-hailing

The provincial public transportation public security management regulations have a small legislative incision, and regulate the transportation mode that uses public transportation vehicles such as public buses and trams, urban rail transit, and taxis to provide travel services for the public. Chen Yufeng said that in particular, the explicit inclusion of bus passenger stations above the second level and taxis, passenger vehicles on the line, etc. into the applicable objects and scopes has broken through the definition and division of the traditional public transportation industry and filled the gap in the public transportation security management of our province.

The legislation focuses on ensuring public safety and protecting the personal and property legitimate rights and interests of passengers, public transport operators and their employees, and clarifies the responsibilities of all types of participants in public transport. The most striking of these is the responsibility of public transport operators. These Regulations integrate and refine the obligations of background review, security inspection and other laws and regulations scattered in the Counter-Terrorism Law, Internal Security Regulations, and other laws and regulations, and specially stipulate the public security prevention obligations of business operators, and clarify the public security management obligations of business operators in operation.

The legislation focuses on the issue of public security management in new formats, and makes special provisions for online ride-hailing. "The regulations put forward clear requirements for online ride-hailing operators, especially online ride-hailing operators should implement safety risk early warning, real-time monitoring, tracking and judgment of orders accessing the platform and abnormal situations found, and actively handling, and further clarify the legal responsibility for their failure to perform safety risk early warning." Xia Zhengfang said.

The legislation also emphasizes that business operators should pay attention to the physical and mental health of employees in important positions, and actively prevent accidents and extreme cases. "There is no shortage of precedents for major accidents caused by physical and mental abnormalities among drivers and passengers, and the consequences and impacts are often more serious and bad." Xia Zhengfang introduced that in response to this problem, the regulations stipulate that public operators should regularly carry out physical examinations and psychological counseling for personnel in important posts, and once it is found that there are physical and psychological conditions that are not suitable for work in important posts, they should adjust their posts in a timely manner.

Stopping acts that hinder safe driving may be considered act of courage

The regulations enumerate and prohibit possible violations of public order, such as passengers, public safety, social management, and violations of personal and property rights.

Among these prohibited acts, in addition to the common prohibition of carrying or carrying dangerous goods in baggage on public transportation, it also includes the prohibition of sexual harassment, indecency, theft or secret photography, voyeurism and other illegal acts such as sexual harassment, indecency, theft or secret photography, and voyeurism of others in the process of public transportation. Chen Yufeng introduced that the regulations also encourage passengers to discourage and stop ongoing acts of obstructing safe driving and sexual harassment. "Where those who meet the requirements for seeing righteousness and courage are personnel, the public security organs will confirm it in accordance with law, protect legitimate rights and interests, and carry forward positive social energy."

It is worth noting that the regulations clarify the obligation of public transport operators to strictly protect operational data. Chen Yufeng said that public transport operators have gathered a large number of static and dynamic basic data such as passenger personal information, travel information and vehicle trajectory in the process of operation. In recent years, after major vicious cases of rape, robbery, murder or death of passengers jumping to the death of online ride-hailing drivers that have caused a greater social impact in some places outside the province, some public transport operators have not been fast and timely enough to provide public security organs with data such as vehicle trajectory and personnel information, which has caused certain obstacles to cracking down on crime according to law and protecting the rights and interests of public transport participants such as life and property safety.

The regulations also respond to these new situations and new problems, stipulating that public transport operators should not only open their data to public security organs and other regulatory departments and cooperate with their work, but also strictly implement the responsibility for data security protection, and must not illegally collect, use or leak personal information. These requirements are linked to the newly promulgated Data Security Law of the People's Republic of China.

Reporter Chen Yuefei

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