mortal train conductor

Chapter 163
The passenger who spoke just now looked at Liu Qun in surprise, and said in surprise: "The quality of the railway staff is really high now. I didn't expect you, the train conductor, to be so proficient in the law. When you talk about the legal provisions, you speak French and open your mouth. Come on, it's on the line."

Liu Qun smiled and said, "Ah, thank you for your compliment. I have always admired and admired legal knowledge, so I have been working hard to learn legal knowledge."

The male passenger said: "Oh, it turns out that I am a lawyer."

Liu Qun hastily reached out to shake hands with him: "Oh, that's amazing. Lawyers are all academic figures. First of all, they have to study hard, pass the national legal qualification examination, and must obtain the "Qualification Certificate" as a stepping stone. "

The male lawyer said, "Oh, it looks like you have also passed the legal professional qualification examination?"

Liu Qun said: "No, no, I'm just fighting and losing."

"That's not easy. Really, the chances of incumbents passing this kind of exam are very small. Many people don't have enough time to review, and most of their jobs and laws are not so closely connected, so legal knowledge is very important in daily life. There is no intersection at work, and there is no opportunity to learn and apply legal knowledge in daily work, and it can only be specialized learning after work.”

The elderly passenger wearing glasses who was arguing with the male lawyer just now gave Liu Qun a thumbs up and said, "The train conductor, the legal qualification certificate on the job is really good."

Liu Qun hurriedly said: "Don't dare to be, dare not be, I haven't passed the exam for several years, I'm ashamed to say it."

The male lawyer said: "The 7 of us are all lawyers, and we are going to attend a seminar at Station F. Just now, we saw some passengers buying short-distance tickets, and we had no seats as soon as we came up. In response to this situation, I Arguing with the teacher about how to legally define the act of buying a short ride and taking a long ride, there were differences in the discussion, so it was inevitable that the voice would be a little louder, causing trouble to other passengers, and the conductor thought we were arguing. I’m really sorry for running over to try to persuade you.”

Upon hearing this, Liu Qun asked the elderly lawyer with great interest, "May I ask how you think the behavior of buying short and taking long and evading fares should be defined in law?"

Some passengers standing around, after hearing this, gathered around one after another, wanting to hear how their behavior should be defined.

When the old lawyer heard about this problem, he regained his spirits.Said: "My opinion is not the same as that of the train conductor. I think the behavior of buying a short ride and taking a long fare and evading fares is not only an illegal act of violating the contract, but also a crime. But I also disagree with the train conductor's statement that it is a crime of fraud. My opinion is that this behavior should constitute theft."

Liu Qun asked in surprise: "This kind of behavior belongs to the crime of theft?"

The elderly lawyer said: "My reason is that the perpetrator who buys short rides and long rides and evades fares, the object of illegal possession is the paid transportation service provided by the railway passenger transportation department enjoyed in the unticketed section. The characteristics of this paid transportation service are very clear. First of all, the value of this service can be used as the object of the crime of theft.

Because paid service is a kind of property rights and interests, but it is also a kind of service commodity that is different from tangible goods. It has the same value attribute as tangible property in essence, which fully conforms to the composition of the criminal object in the crime of theft.

There is also the behavior of buying short and long rides and evading fares. The value stolen is equivalent to the ticket fee for the unticketed section. Railway transportation companies sell tickets to the public. Passengers pay to buy tickets for the corresponding section, which is equivalent to buying the railway passengers in this section. For train transportation services, the fare is the value of the service.

People who buy short rides and fare evasions will not be stopped by the railway station because they have bought tickets during the process of entering the station.

During the ride, it is the core process for the perpetrator to complete the illegal possession. Without a ticket, the perpetrator needs to face risks such as inspection by the staff on the train. The perpetrator often hides in the bathroom or near the compartment, drills Evade the ticket check by entering the seat and other ways.

When leaving the station, those who only bought short-distance tickets usually follow the crowded people out of the station. In a station with a large flow of people, no matter whether it is a manual ticket check or a gate, it is impossible to keep everything close. If the perpetrator slips through the gate and exits the station, the theft has been completed.

Although the perpetrator also committed deceitful behavior, his behavior was not based on deceiving the train and the ticket inspectors at the exit to achieve free rides, but through deception to avoid being found and punished after the completion of the theft.

The perpetrator's act of occupying the paid transportation service for free is not based on deceiving ticket inspectors at the exit gate and on the train, but based on the theft in the unticketed section.

Although the amount of this kind of behavior is small, it does not constitute a criminal amount, but if you buy short times long times and evade fares for many times, the amount of theft should be calculated cumulatively. Buying short times long times fare evasion generally has problems of long duration, many times, and small amounts. It stipulates that if multiple thefts constitute a crime and should be prosecuted according to law, the amount of theft should be accumulated. "

After listening to the old lawyer's words, Liu Qun couldn't help giving a thumbs up and said, "Good! What you said is really classic."

The middle-aged lawyer who advocated that buying short and multiplying long does not constitute a crime went on to say: "I think that the fare evasion behavior of the perpetrator buying short and multiplying the long can accumulate a large amount, but the subjective malice of the perpetrator is generally small, and his behavior It did not seriously disrupt the market order."

After speaking, he glanced at Liu Qun again, and said: "In front of the train conductor, I also said that the railway is not good. The reason why the perpetrator was able to evade the fare for many times is undeniable because he was greedy for profit, but Railway station and train staff are also managers. There are loopholes in the system. Managers are lazy in performing their duties. Therefore, the behavior of buying short and long rides to evade fares is not caused by fare evaders. If we say that railway managers If the fence can be erected and the loopholes closed, then fare evaders will have no chance to carry out this kind of behavior."

Liu Qun said: "What you said is also very reasonable. Personally, I think why there are lawyers in the world? I think it is because people have different understandings of the law. The courts will have different judgments, and different lawyers will increase the variables of legal understanding.

In fact, I have consulted a lot of information on the legal determination of the behavior of buying short and taking long fares to evade, and there are similar regulations on this kind of behavior in foreign countries. German fare evaders may be charged for suspected violations of the law, especially frequent fare evaders. Germany believes that fare evasion is an illegal act of interest fraud, and fare evasion can theoretically be sentenced to a maximum of one year in prison; while in Japan, relevant cases also believe that perpetrators If fare evasion rides fail to inform the railway transportation company of the real situation, it will constitute fraud. "

(End of this chapter)