laitimes

Analysis of the legal clause that the lower berth of the train for a hundred years is a common seat and no curtains are allowed

author:River waves

It's messed up, it's completely messed up.

No one would have thought that a 70-year-old man who wanted to sit in the lower bunk and rest on the train was rejected and posted on the Internet, but it attracted such a big response.

Unexpectedly, the central media, the 12306 railway system, and jurists expressed their support for the young people who would not let them sit. And the discussion on the Internet is obviously off topic. The cause of the incident was between the elderly and the young, but the real theme of the incident should be whether it is legal and reasonable to not allow others to sit in the lower berth of the train, and whether curtains or other items can be hung in the sleeper.

China Railway 12306 customer service responded: There is no clear provision that the fence cannot be used, and it can be used without affecting other passengers, but it needs to be negotiated with all passengers; Passengers in the lower berth prefer to be alone and should also be understood and respected; jurists say: what is not prohibited by the law is feasible; the leader of the Consumer Rights Protection Law Research Association of the China Law Society said that when it does not affect the use of public areas (such as climbing ladders) and does not affect others, it is possible to draw curtains or hang shelters in their own lower berth space. ...... At first glance, they all expressed their support for those who hung curtains and did not let others sit, but after a closer look, they all said that they wanted to agree with the passengers in the same car. and the statement of the mud.

Analysis of the legal clause that the lower berth of the train for a hundred years is a common seat and no curtains are allowed

Screenshots of the network

Analysis of the legal clause that the lower berth of the train for a hundred years is a common seat and no curtains are allowed

Screenshots of the network

Analysis of the legal clause that the lower berth of the train for a hundred years is a common seat and no curtains are allowed

Screenshots of the network

I, as a frequent train passenger, really dare not agree with the above authoritative statements, but I also understand that what is the use of a common person who does not agree!

Analysis of the legal clause that the lower berth of the train for a hundred years is a common seat and no curtains are allowed

Huizhou South Railway Station

China Railway 12306 customer service seems to have no idea or forgotten about the design of the train. The train is an organic whole, while the sleeper carriage has a communal character. Otherwise, why is there only two stools in the upper, middle and lower berths, but there are only two stools, is the design of the railway designer inhumane, and does not take into account the scientific physiological needs and health of people who need to sit not only when they are asleep during long-distance travel?

Hanging curtains does not affect others? Who said that the sleeper space is so large, not to mention that hanging curtains is not beautiful, and it also seriously affects the sight and mood of the passengers, is this not a fact? Hanging curtains, does it not affect the management of your train? Curtain hangers, in a word, the need to protect personal privacy, the Civil Code of the People's Republic of China stipulates: "Privacy is the tranquility of a natural person's private life and the private space, private activities, and private information that he does not want others to know". When people sleep on a hard sleeper on a train, the sleeping appearance on their faces is private, is the sleeper area of the train private, or is it a public space?

Article 8 of the Civil Code of the People's Republic of China: "Civil subjects engaged in civil activities shall not violate the law or violate public order and good customs." I would like to ask a jurist, is it not allowed to hang curtains on the train and sit with fellow passengers during the day, is this the order and custom of the train since ancient times, and does this count as "public order and good customs"? Is there any provision in the law?

Finally, an ordinary person would like to ask: Is it not "public order and good customs" that the central media, China Railway, jurists, and the China Law Society Consumer Rights Protection Law Research Association have been able to sit in the daytime since ancient times?

After "public order and good customs" and "public space" are clarified, I don't think there is any need to argue whether their behavior is legal, compliant and reasonable!

Justice is at ease in the world!

Read on