Chuanguan News reporter Zhang Tingming, text, Jiang Jingzhou, Tian Shan**.
The Spring Festival in 2024 has kicked off, and major railway stations are gradually ushering in the peak of passenger flow. How to defend your rights if you encounter uncivilized behaviors such as loud noises and occupying seats on the train? Do I need to pay for the replacement of lost train tickets purchased with real names? What should I do if my valuables are stolen from my vehicle? If so, which court should I go to?
To this end, Chuanguan News invited Judge Lai Jiajuan, Vice President of the Second Civil Trial Division of the Chengdu Railway Transport Intermediate Court, Officer Jia Weipeng, Captain of the Police Team of the Chengdu East Station Police Station of the Chengdu Railway Public Security Department, and Officer Bao Wei, Captain of the Law Enforcement Team of the Police Detachment of the Chengdu Railway Public Security Department, to tell you the legal knowledge on the way home.
Do I need to pay for the replacement of lost train tickets purchased with real names?
There is no need to pay for the ticket.
If you lose the train ticket purchased with your real name, you do not need to pay for the ticket again. Lai Jiajuan introduced that in accordance with the provisions of the Civil Code, if a passenger under a real-name passenger transport contract loses his ticket, he can request the carrier to report the loss and reissue it, and the carrier shall not charge the fare and other unreasonable fees again. That is to say, after the ticket purchased under the real-name system is lost, you can ask the relevant department to report the loss and reissue it, and you can no longer collect the ticket. ”
In addition, now the railway station has realized that passengers can check in with their ID cards, so everyone does not need to go to collect tickets when taking the train, and there is no need to worry about the loss of train tickets. Lai Jiajuan said.
What should I do if I lose my ID before getting on the bus? Jia Weipeng introduced two ways to apply for a temporary ride certificate. In the first way, passengers can go to the public security certificate window of the ticket hall of the station or the station police station to apply for a temporary boarding certificate. In the second way, passengers can use the 12306 client to apply for temporary identification. Click on the "Temporary Identity Certificate for Passenger Train" under "Warm Service" on the homepage of the 12306 client, fill in personal information according to the prompts, such as name, ID number, etc., and complete the face recognition verification. After the review is passed, the passenger will get an electronic *** with which *** can enter the station and take the bus.
What should I do if I encounter loud noises, occupy seats, etc.?
The behavior may be suspected of violating the law, and you can ask the conductor for help.
Let's be clear first, the behavior of making loud noises and occupying seats on the train may be suspected of violating the law. Lai Jiajuan told reporters that if you encounter such a situation on the train, you can first contact the conductor for help, if the conductor dissuades you, the perpetrator still does not listen, the police can take compulsory measures to take it away, and punish according to the relevant laws.
In accordance with Article 815 of the Civil Code of the People's Republic of China, passengers shall take the flight according to the time, flight number and seat number recorded on the valid ticket. In addition, Article 23 of the Public Security Administration Punishment Law also stipulates that anyone who disturbs the order on buses, trams, trains, ships, aircraft or other public transportation vehicles may be given a warning or a fine of not more than 200 yuan; where the circumstances are more serious, they are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB.
According to the above-mentioned legal provisions, the act of occupying seats and making loud noises may be suspected of violating the Civil Code and the Public Security Administration Punishment Law. Lai Jiajuan introduced that in judicial practice, if the perpetrator continues to disrupt public order after being dissuaded by the police, the railway may be dealt with in accordance with Article 23 of the Public Security Administration Punishment Law for disrupting order on public transportation.
Which court do I need to sue if a dispute arises?
Litigation in the railway court or the territorial court.
What should I do if I have a dispute on the train? Which court should I go to if I want to sue for a dispute on a train?
Bao Wei told reporters that if there is a dispute, first of all, it is necessary to remain calm, try to properly resolve it through friendly consultation, and do not easily escalate the contradiction or dispute. "If negotiation doesn't solve the problem, you can seek help from the conductor or the police. Bao Wei said.
Each train is manned by our police team. Bao Wei introduced that if you find that property is stolen or disputes are aggravated on the train, and individuals cannot coordinate, you can find the police for help at any time.
So, how should these disputes be resolved? Lai Jiajuan told reporters that if the dispute does not constitute a criminal case, mediation can be conducted first. If it cannot be resolved after mediation, the parties can file a lawsuit in the railway court or the territorial court according to the type of dispute. "If you want to prepare for a lawsuit, you must pay attention to keeping the corresponding evidence materials, such as tickets, testimony of witnesses at the scene, medical diagnosis certificates, and documents for examination fees. Lai Jiajuan said.
If the dispute between the two parties has constituted a criminal case, the railway will conduct the investigation and evidence collection, and then transfer the case to the railway transport procuratorate for further review and prosecution, and finally the railway transport court will make a judgment.