Guide: On August 30, after the incident of "Xi'an Metro Security Dragging Female Passengers" occurred, it aroused widespread concern in the whole society. Although the relevant authorities have informed the incident and announced the results of the handling, public discussion of the matter is still ongoing. In this case, was the security guard's dragging behavior suspected of constituting the crime of insult? If there is uncivilized behavior on the local railway, how should the security personnel deal with it according to the regulations? In the process of continuous fermentation of the incident, what is the responsibility of Xi'an Metro? Focusing on these issues that are hotly discussed by the public, Observer Network interviewed Zhang Yuxia, a lawyer at Shanghai Shenhao Law Firm.
Observer Network: In this Xi'an subway incident, was the security guard's dragging behavior against female passengers suspected of constituting the crime of insult?
Lawyer Zhang: Whether it is suspected of constituting the crime of insult is mainly to see whether the subway security guards have direct intention subjectively, and have the purpose of defaming the personality of others and destroying the reputation of others.
At the same time, the crime of insult is a criminal private prosecution case, not a public prosecution case, so it is necessary for the victim, that is, the female passenger herself, or entrust others, to file a criminal private prosecution with the court.
If the security guard had acted improperly in order to maintain order, resulting in the current consequences, then he would not have been criminally guilty. But whether or not the security guard's actions constituted a crime, his actions already constituted a civil tort against the female passengers. Because his behavior is clearly not a reasonable or normal, legitimate way of maintaining order.
And from the currently circulating video, it can be seen that the security guard's dragging behavior is actually divided into two times, after the female passenger is not covered because of the first time to drag the clothes, the security guard did not cover up the behavior, but instead when the female passenger ran into the subway again, it was dragged twice.
Even if he did not have direct intention subjectively during the first towing, then after that, the security guard has found that the female passenger has gone out and continued to carry out such a dragging behavior, I think there is a certain subjective intention, so the second dragging behavior is likely to be suspected of insulting others. Even if it does not reach the level of criminal insult, the Law on Punishment for the Administration of Public Security also provides for the punishment of such insults, so it is also possible to punish public security in accordance with the Law on Punishment of the Administration of Public Security.
In fact, we have the phrase "emergency avoidance" in law, that is, in order to protect the public interest, the personal and other rights of the person or others from the ongoing danger, we have to take actions that harm the legitimate interests of the smaller other party in order to protect the legitimate rights and interests of the larger legitimate rights and interests. However, this situation did not exist in this incident.
The clashes between the two sides in the subway are not irrepressible, nor are they imminent, nor do they constitute a very urgent and dangerous situation. Even if we take a step back, there was really an emergency and dangerous situation at that time, it was not only the security guards, but anyone in the carriage could see the courage to act.
What we can see is that the two sides of the incident have such an act of verbal confrontation, and the female passenger is not threatening, so there is no situation in which the use of emergency risk avoidance to harm the legitimate rights and interests of others to avoid greater damage to legitimate rights and interests.
On August 30, after the incident of "Xi'an Metro Security Dragging Female Passengers" occurred, it aroused widespread concern in the whole society.
Observer Network: According to the situation reported by the Xi'an Municipal Public Security Bureau, the cause of the incident was due to the female passenger receiving the phone in the carriage with a loud voice, "The opposite passenger Chen reminded him to pay attention to words and deeds, and then the two had a verbal altercation, and caused a slight physical conflict. During the period, Chen Moumou, a security guard of the subway company, came to the scene to stop the conflict between the two sides and asked the two to get off the bus for processing, but Guo refused to get off the train."... How should the security personnel deal with this situation according to the regulations, and do they have the right to forcibly remove passengers?
Lawyer Zhang: If the female passenger is indeed speaking loudly in the carriage, her behavior is suspected of violating article 46 of the Xi'an Urban Rail Transit Regulations, which prohibits loud noises and other behaviors that affect the order and safety of rail transit operations.
According to the above provisions, if the urban rail transit operation order is continuously affected, the Xi'an urban rail transit management agency shall impose a fine of 20 yuan to 100 yuan on the individual; if the damage is caused, it shall bear the liability for compensation according to law; if it violates the "Public Security Administration Punishment Law", the public security organ shall give punishment; if it constitutes a crime, it shall be investigated for criminal liability according to law.
That is to say, even if the female passenger has the behavior of loudly answering the phone in the carriage, then the punishment she should receive, that is, the punishment stipulated in the regulations, if she violates the "Public Security Administration Punishment Law", it should also be punished by the public security organ, and even more seriously, she has committed a crime, which should also be investigated by the public security organ for criminal responsibility. There is no basis for laws and regulations for subway security guards to drag passengers, and even to forcibly drag passengers in such a way, and subway security guards can persuade them to leave, but they have no right to force them to leave, let alone drag passengers.
If the security guard believes that the situation at that time cannot be handled by himself, then he should also report to the police in time and the public security organ will come to deal with it.
Observer Network: According to the available information, what responsibility should Chen Mou, the passenger in the video who argued with the female passenger, be responsible for this incident?
Lawyer Zhang: Just from the middle of the video, it is impossible to judge what responsibility this male passenger Chen mou is responsible for. If Chen did have some insults, beatings, insults, damage to property, etc. before, the public security department may give corresponding penalties according to the "Public Security Administration Punishment Law", causing losses, then it can also be required to bear civil compensation liability.
Observer Network: On the 31st, the Xi'an Metro made its first response to the incident. The Xi'an Metro Operation Branch issued a statement of the incident, saying that "at about 17:38 on August 30, a female passenger had a verbal altercation with other passengers on the Line 3 train, and the passenger constantly insulted the passengers around him and had a physical conflict with some passengers, which seriously affected the order of the ride in the carriage." After repeated attempts to persuade her to leave, the train safety officer took the female passenger off the carriage with other enthusiastic passengers." This explanation does not clearly explain the causes and consequences of the incident and the actual situation at the scene, should it also bear certain responsibility for the subsequent fermentation of the incident?
Lawyer Zhang: Xi'an Metro's response should bear corresponding responsibility for the development of the subsequent incident, and the female passenger should compensate for the loss and apologize. Because it mainly talks about two points in the description:
First, the female passenger was at fault, and the monitoring and verification was that the female passenger constantly insulted the passengers around her, physically clashed with some passengers, and seriously violated the order of the ride, which was a statement in the situation statement at that time.
The second is to believe that the security guard is not at fault, promptly report to the police and assist in the disposal. For this, the subway company has no right to determine responsibility. Even if we ordinary people watch the video, we also think that the dragging behavior is obviously at fault, not to mention that the determination of responsibility should be carried out by the traffic management agency and the public security organ.
Since there is no right to determine responsibility, there is no right to claim that the female passenger is responsible online. Such conduct is suspected of defamation and, if it is found to be untrue, violates the right to reputation of female passengers. Treating the misconduct of security guards as acts of duty is obviously irresponsible speech, which has led to the further expansion of the influence of public opinion. At this point, the subway company side is at fault.
@Xi'an Metro Operation Branch First released a fact sheet
Observer Network: During the incident, some passengers took videos and uploaded videos to social platforms without coding processing, did this behavior also violate the rights of female passengers in the incident? Can such behavior be held accountable?
Lawyer Zhang: This kind of behavior violates the female passenger's right to portrait and privacy. Behind this video is actually a reflection of the indifference of other passengers, and the purpose of shooting the video is not to defend the rights of the female passenger.
Throughout the video we can see that from inside the carriage to outside the carriage, there are many people around, but none of them stand up to help the female passengers. Even if the passenger does not know what really happened, what the female passenger has done before, even if the bystander has no obligation to resolve the conflict, when he sees that the female passenger is already naked, he should also lend a helping hand out of public order and good customs.
Unless the passenger had committed some terrorist acts, or some extremely dangerous acts that threatened the lives of the people around her, there was no reason why she could be so violently pressured to be so humiliated in front of everyone.
And in this video there is a passenger, later called a "zealous passenger" in the fact sheet, he did not help the female passenger, take clothes to cover her, but together with the security guard, the female passenger who was not covered at the time was carried out of the carriage.
This is also the reason why public opinion will continue to escalate around this matter. Because everyone else around was watching coldly, shooting with their phones, but no one reached out to stop and help.
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