Cover news reporter Tian Lulu
Recently, the State Railway Administration issued the "Railway Passenger Transport Regulations (Draft for Comment)". The administrative regulations may determine the handling of hegemonic acts in legal form. In this regard, some legal people believe that this is an escalation of the procedures for handling "hegemonic" behavior, and the punishment measures will be more severe.
The "hegemonic seat" is written into the administrative regulations to give the railway department the obligation to report the police
The reporter inspected the "Railway Passenger Transport Regulations (Draft for Solicitation of Comments)" issued by the State Railway Administration and found that in the fourth chapter, it was stated: "If a railway transport enterprise discovers that it has altered or forged tickets or documents to ride, maliciously evaded tickets or occupied seats, it shall promptly notify the public security organs." ”
What does such a provision mean? How is it different from the previous handling of hegemonic behavior? Zhuang Zhiming, a senior lawyer and commentator, answered this question.
Lawyer Zhuang Zhiming explained that the "Railway Passenger Transport Regulations (Draft for Comments)" is an administrative regulation, which represents the procedure for determining the disposal of hegemonic behavior in the form of law. In his view, the practice of notifying the public security organs in this item is very novel and rarely appears in administrative regulations. "The occurrence of hegemonic behavior and asking the railway department to report to the police is to give the railway department the right and obligation to report the police." That is to say, if the railway department discovers this behavior, it should be called to the police.
Strict escalation: The railway department may directly report to the police without warning or education
The reporter sorted out two hegemonic incidents that have been hot in recent years:
On August 21, 2018, on the high-speed railway from Jinan to Beijing, a male passenger refused to take a seat in the number, but seized the seat of the female passenger, and the train conductor and the police persuaded him to no avail. In this regard, the customer service of the Jinan Railway Bureau said that the forcible occupation of other passenger seats is a disturbance of public order, and the police can take compulsory measures against them. On August 24, Sun Mou, a high-speed rail "hegemon" man, was fined 200 yuan by public security and restricted from buying tickets to take the train within a certain period of time.
On September 19, 2018, Zhou Moumou took the G6078 train to occupy other people's seats and did not listen to the dissuasion of the train staff. After investigating and collecting evidence in accordance with the law, the Hengyang Public Security Department of the Guangzhou Railway Public Security Bureau determined that his behavior constituted a violation of public security management by "disrupting the order on public transportation vehicles", and according to the provisions of article 23, paragraph 1, item 3 of the "Public Security Administration Punishment Law", Zhou was fined an administrative penalty of 200 yuan.
It is not difficult to find that the non-judicial departments of the railway department lack law enforcement power when dealing with hegemonic behavior, and mostly focus on coordination, education, verbal warnings, and travel restrictions, and the bad behavior can only be handled by the public security department.
Lawyer Zhuang Zhiming believes that the "Opinions" make it clear that there is no "prefix" in the regulations on the alarm of the railway department, that is to say, once the alarm behavior occurs, the crew can directly notify the public security without education and coordination, and the public security organ will handle it.
"In this way, the severity is not the same, this provision does not have a pre-procedure of 'ineffective education', and can directly report to the police." For the railway department, there is no need to do the corresponding education work, and you are not given the opportunity. ”
After the public security organs accept the case, they are generally handled in accordance with the "Public Security Administration Punishment Law" for picking quarrels and provoking troubles, and if the hegemonic behavior also involves other illegal and criminal acts, it shall be handled at the same time in accordance with law.
Lawyer Zhuang said that this provision in the "Opinions" is an escalation of the hegemonic behavior to a certain extent, and for the hegemonic people, the severity has been increased, and the practice is "beneficial to maintaining the order of railway operation and to safeguarding the interests of passengers." ”
<b>[If you have a news thread, please report to us, once adopted, there is a fee reward.] WeChat feed follows: ihxdsb, report qq: 3386405712].</b>