mortal train conductor

Chapter 166
Liu Qun and the elderly lawyer slowly squeezed into the No. 8 car while chatting. Wang Jian, the train attendant on duty in carriage 8, has already made publicity to the passengers. Some passengers who were originally dissatisfied because of the crowds on the train, bought short rides and long rides, and couldn't make up sleeper berths, had already taken the train here. Questions ready, time for the train conductor and lawyer.

Liu Qun asked Wang Jian: "Wang is on duty, have you asked the passengers? How many passengers bought short-distance tickets and planned to take long-distance buses. After listening to the transfer plan introduced by our staff, this part bought short-distance tickets Among the passengers, how many said they wanted to get off at the station specified on the ticket and then change trains?"

Wang Jian said: "Now about 10 such passengers have followed my advice and are planning to get off at the station recorded on the ticket and transfer or buy another ticket before boarding.

I have already advertised to passengers just now, and now there are two passengers who are going to ask questions to lawyers, do you think it is possible now? "Wang Jian looked at the elderly lawyer.

The elderly lawyer wiped the sweat from his brow and said, "It's absolutely fine, I'm always in a fighting state, so let's invite passengers who need to ask questions! Fire at me!"

A female passenger in her 30s with ponytails separated from the crowd and came to Liu Qun and the senior lawyer, and asked the senior lawyer, "Hi lawyer, I want to ask about train rides. For example, we When buying a ticket, you can’t buy the ideal station, but you can only buy a short-distance ticket for the same train according to the principle of buying whatever ticket you have. After getting on the train, you are going to make up the ticket and buy it separately on the train. Go to the destination station. Could you give me some advice, how do the railways and our passengers legally define this kind of behavior?"

The elderly lawyer said: "This question is easy to answer. Just now we have had a debate in the No. 5 carriage. For passengers like you who first board the train with a short-distance ticket and then come to make up for it, there is no criminal law involved." fraud and theft crimes.

This kind of behavior can be perfectly interpreted only by using the relevant provisions of the "Contract Law".The legislative purpose of our country's "Contract Law" is to protect the legitimate rights and interests of both parties to the contract, maintain social and economic order, and promote socialist modernization.The legal status of both parties to a contract is equal, and one party may not impose its will on the other party.

The parties enjoy the right to voluntarily conclude a contract according to law, and no one or unit shall interfere illegally.Using the general provisions of these two general provisions of the contract law can perfectly explain your ticket purchase behavior at the station or mobile website.

When you buy a ticket, you choose completely voluntarily. Between you and the railway transportation company, the other party cannot force you to buy a ticket, and you cannot force the other party to sell you a ticket, that is, the so-called contracting parties Must be voluntary, you are completely voluntary and subjectively free to buy tickets selectively, while railway transport companies display existing tickets to all passengers through the website or at the ticket office of the station, this kind of railway transport company The act of display is actually an act of offer in the conclusion of a contract, and your act of ordering a ticket is an act of commitment in the contract.

Let me briefly explain these two proper terms. An offer is an expression of intention to conclude a contract with others. The expression of intention should conform to the specific determination of the content, and it also means that after accepting the promise of the offeror, the offeror will accept the expression of intention. constraint.It means that the railway transportation company hopes to conclude a contract with the passenger. Once the passenger purchases the ticket, the railway transportation company should be bound by the intention of the passenger to purchase the ticket and assume the corresponding transportation-related responsibilities.

And you also said just now that when you bought the ticket, you didn’t find the ticket for your corresponding destination, so you bought a short-distance ticket, and this short-distance ticket was purchased by you voluntarily, and was not compelled by others, so It is said that your purchase of a ticket means that the promise of signing a contract is legal and valid, and the contract between you and the railway transportation company is established when you buy the ticket.

You can see that you have enjoyed the transportation services provided by the railway transportation company since you entered the station. For example, you can take a ride in a spacious and bright waiting room when you enter the station. There is heating in winter and air conditioning in summer. The responsibility of the railway transportation company is Responsible for providing a clean and tidy travel environment and transporting passengers in a safe and orderly manner.

But now after you get on the train, you want to buy another ticket for the station you want to get off. At this time, you propose to the train staff to buy the ticket, which can be called the offer behavior in the contract. At this time, the railway As far as the transportation company is concerned, whether the passenger train staff promises, that is to say, whether to sell you the ticket you want to buy, is also a voluntary right, and the railway transportation company has relevant regulations, that is, when passengers When the number of passengers on the train is seriously overcrowded, the procedures for passing passengers beyond the station should be suspended, and passengers who have bought tickets should get off at the station recorded on the ticket.Therefore, the behavior of railway transportation companies not to sell tickets for over-station is in full compliance with the relevant provisions of the contract law, reflecting the principles of equality of both parties and freedom of contract in the contract law.

Look at my explanation, can you understand? "

After hearing what the old lawyer said, the female passenger with ponytail nodded thoughtfully. Just now, when Wang Jian refused to reissue the ticket for the crossing station for her, she also lost her temper at Wang Jian and asked Wang Jian loudly. : "Why didn't I get a ticket for me? Where did the People's Railway go for the purpose of the people? I can't even make up my ticket on the train. How can there be such a thing?"

Now listening to the elderly lawyer say that the behavior of the train staff not to make up their fares did not violate the contract law, but it was a manifestation of the relevant principles of the contract law.But she still didn't give up, and continued to ask the elderly lawyer: "Then tell me, what should I do when I am in this situation?"

The elderly lawyer said: "I am not going to judge right or wrong between you and the railway transportation company. I am just discussing the facts and evaluating this behavior according to the principles of contract law.

There is a saying that the authorities are obsessed, but the bystanders are clear. I can understand your mood now, but you can't buy a ticket to go home when you want to go home.But I will give you the simplest example, and you will be able to understand.

For example, if you come to a restaurant now, the waiter will definitely bring you the menu at the first time, and ask you to choose.This process is equivalent to selecting the train number and destination when you buy a ticket.

But you find that there is no dish you want to eat on the menu handed over by the waiter. This is equivalent to finding that there is no ticket for the station you want to go to when you order a ticket. "

(End of this chapter)