Original Title: Overlord is illegal, decisive enforcement of the law immediately compulsory, should not be discussed, there is a way of punishment, tried repeatedly in the United States.
Recently, the phenomenon of high-speed rail overlord emerged in endlessly, less than a month, we just sent off a overlord man, followed by September 19, 20 came overlord woman and overlord aunt. They are either hippy and laughing at rascals, or bracing and even trying to "teach" persuaders.
In fact, similar hegemony not only occurred on high-speed rail, in order to grab seats, airplanes sprinkled caused delays in civil aviation for several hours, bus assaults and sudden death, one by one broken the bottom line, destroy the three concepts of behavior have been exposed in front of the world; and even, similar hegemony has been exported to foreign countries, so that the Chinese people. The overall image is also implicated. A Chinese man and a woman, pretending to be ill and occupying the seats of the passengers on a Vancouver flight to Beijing, were forced to make a forced landing in order to "cure" them, and were escorted off the plane with a gun after they announced the truth, the China Overseas Chinese News reported recently.
People's Daily microblogged a comment on the phenomenon of overlord: "Ignorance, fearlessness and irrationality, this is not acting coquettish but splashing, not arguing for reasons but fooling. It is a shame for people to laugh at the world. How can you forgive me if I do not think deeply about it? Reason is not loud, offends rules, and is afraid to escape punishment. It is a long way to go to defend the rules and make people fear the rules.
People's Daily's micro-blog commentary can be said to be three-thirds timid, but it is worth our reflection is: although the teachings of etiquette, righteousness and shame are still heard, the rules of punishment have been established; but why the hegemony is still so "capricious"?
We all know a truth: law is the bottom line of morality, if the law can not be implemented, then the bottom line of morality is bound to fail, the pursuit of the state of etiquette and music can only become a city hall. Singapore's garden country was not built in a day. At the beginning of its founding, the city environment and the quality of its citizens were also very bad. All kinds of uncivilized phenomena were common. Later, Singapore opened up many uncivilized "little habits," enacted severe laws, and equipped with a strong law enforcement force, so that the offenders have no escape, and exposed to the world. At that time, many people did not approve of this practice. Critics thought it was "killing a chicken with a knife". However, after decades of strict law enforcement, Singapore has become the world's lowest crime rate of the country, the national quality of the world recognized.
Reflecting on the frequent overlord incidents in China, there are problems in legislation and law enforcement, but the main problem lies in law enforcement, especially the lack of effective and immediate compulsory and effective credit punishment for overlord. Take the phenomenon of high-speed rail overload as an example, from the video exposure of the situation, the crew, train safety officers are repeatedly persuaded, but it is not helpful. Only after the overlord left the train did the railway public security department, in accordance with Article 23 of the Law on Administrative Penalties for Public Security, impose a penalty of 200 yuan for "disturbing the order of public transport". At the same time, the railway passenger transport departments, in accordance with the "opinions on properly restricting certain seriously dishonest persons to take trains within a certain period of time to promote the construction of social credit system", limit their ticket purchases to take trains within a certain period of time (180 days).
It is undeniable that these ex post measures can have a disciplinary effect; however, it should not be overlooked that these measures can not stop the act of overlord on the spot, so that passengers have to endure until "see" the overlord, and even suffer from the speech and physical violence of the overlord. In this regard, we can not help but ask: is the current law only so "helpless"?
The answer is by no means the same. According to the current law, the act of overlord is not only a breach of contract, but also an infringement, and it also disturbs the order of the means of transportation. Those who disobey the law can be ordered to get off the train and be forced to leave the train for punishment. Those who hit people should be held responsible for intentional injuries. Article 7 of the Railway Passenger Transport Regulations (formerly formulated by the Ministry of Railways, which corresponds to the regulations of the Ministry of Railways) amended in 2010 stipulates: "A railway passenger transport contract is an agreement defining the rights and obligations between the carrier and passengers. The contract of carriage of passengers concluded by the carrier at the place of departure in accordance with this Regulation shall be equally binding on the carrier concerned. The basic voucher of railway passenger transport contract is ticket. The ninth rule: the basic rights and obligations of passengers include "1". According to the contents of the ticket surface. Thus it can be seen that there is a railway passenger transport contract between passengers and carriers, and the proof of the contract is the ticket; riding on the basis of the contents recorded on the ticket is the contractual obligation that passengers should fulfill; passengers who do not ride in accordance with the seats recorded on the ticket belong to breach of contract.
What measures can the carrier take for breach of contract? Article 47 of the Regulations on Railway Passenger Transport stipulates that: "For those who violate the laws and regulations of the state and make trouble or disturb public order in stations and trains, stations and trains may refuse to get on or order them to get off the train; if the case is serious, they shall be handed over to the public security department; if the fare is not used to the station, the fare shall not be refunded, and the fare shall be on the back of the ticket." Accordingly, the transport contract will be terminated. " Accordingly, in the face of such breach of contract, the carrier in the case of invalid counsel, can entirely order the overlord to get off, the contract of carriage will be terminated.
What if the bully refused to get off? Article 8 of the People's Police Law stipulates that "the people's police of public security organs may forcibly take any person who seriously endangers public order or threatens public safety away from the scene, detain him according to law or take other measures as prescribed by law." According to this regulation, the marshal has the right to forcibly take away the train from the driver who refused to get off the train.
What should be done about bullies and more serious acts of violence, such as the beating of a bully on September 20? The answer is also very clear, according to the law, in addition to the legal responsibility for disturbing the public transport order, should also be punished for intentional injury. Article 43 of the Law on Administrative Penalties for Public Security stipulates: "Whoever beats another person or intentionally injures another person's body shall be sentenced to detention of not more than 5 days but not more than 10 days and a fine of not more than 200 yuan but not more than 500 yuan; if the circumstances are relatively light, he shall be sentenced to detention of not more than 5 days or a fine of not more than 500 yuan." If a bully "beats or injures others repeatedly or beats or injures more than one person at a time", he will be "detained for more than 10 days and less than 15 days and fined for more than 500 yuan and less than 1000 yuan".
It can be seen that for the hegemony, the law has long been in full swing; what is lacking is mainly strict enforcement. According to media reports, many short-haul high-speed trains are no longer equipped with police, security officers, and security officers do not have the power to enforce the law, encounter similar hegemony, can only turn to the next station of the railway police station. From a few bullying events, flight attendants and security personnel can only stop and persuade. From this, it is precisely because of the absence of law enforcement, leading to the hegemony can not be taken immediate coercive measures, and thus form a collective spectator of illegal activities, but helpless situation. The most direct and effective way to eradicate such behavior is to ensure that every train is equipped with police and enforce the law strictly.
Of course, considering staffing and law enforcement costs, it may not be realistic to have a police station on each train in the short term. In view of this situation, the civil aviation sector has taken a step forward, the March 2017 implementation of the "Public Air Passenger Transport Flight Safety Work Rules" stipulates that the captain in the performance of flight safety duties, the "seat occupancy" disturbances may require the crew members "to take the necessary control measures". This measure is quite necessary, only by the main body outside the administrative organs to take personal coercive measures, it is obviously not feasible to rely on only one working rule; according to Article 70 of the Administrative Compulsory Law, it also needs to be authorized by laws and administrative regulations.
In addition, for uncivilized acts such as tyranny, in addition to immediate compulsion, another worthy of attention is the credit punishment. Compared with fines, credit punishment has obvious advantages. On the one hand, it does not need to consider regional income differences, on the other hand, its punishment effect has a considerable sustainability. In recent years, various industries and cities in China have gradually introduced passenger credit management mechanism, but the biggest problem is that the credit supervision system of various industries is not well docked, especially with financial institutions have not achieved information sharing. Travel check, a passenger credit mechanism in the United States, was put into use in the United States as early as 2003. The network monitors the credit status of every American traveler in real time. The accuracy of the report of passenger dishonesty is 96.3%. The credit score of passengers can be changed in real time with the updating of the major bank inspection agencies in the United States. Dynamic monitoring of passenger credit is achieved. At present, in implementing the unified passenger credit management mechanism, there is no technical barrier in our country, and the information barriers between industries and regions are the main ones. Therefore, the central government should strengthen the top-level design, break down various barriers, and realize information sharing and joint punishment.
Su Zhe, a statesman and writer in the Northern Song Dynasty, said, "when the law is on the top, it becomes common." As a country of etiquette, the emergence of such uncivilized phenomena as hegemony is not only a personal shame, but also to shame the people. To reverse this phenomenon, the most immediate measure is to weave an effective law enforcement network, so that the parties to pay the legal costs, so that good customs are guaranteed, so that law-abiding become good customs.
Author: Research Center for rule of law China Construction, East China University of political science and law
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High speed rail hegemony attracts frequent attention.
Editor in chief: Gui Qiang
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