mortal train conductor

Chapter 169
The elderly lawyer continued: "Let's talk about the first one, how to protect your legal rights through legal means.

I think your legitimate rights and interests have not been infringed in any way now. If the railway transportation company is at fault during the transportation process, for example, ordering you to get off at the station specified on the ticket, that is, the station agreed in the contract, or The fact that your legitimate rights and interests have been damaged only occurs when the railway transportation company itself causes you to be injured accidentally during the ride. Now it is just that the contract has been fulfilled and the contract is terminated, and the railway transportation company refuses to sign the next contract with you again. The behavior of the contract, this behavior, does not violate your legal rights.

There is a bad phenomenon in the society now, which is also criticized by many relevant people in our legal field, "the principle of sympathy for the weak", and many people take advantage of this loophole, "I am weak and I am justified, and I am poor and I am justified" to become A "mantra" used by some people to evade legal sanctions. For example, I am now a passenger who buys short-term and long-term travel. If I post it on the Internet or tell my relatives and friends because the railway makes me unable to go home, there will be six out of ten people who will support me, a weak person, and attack the seemingly strong railway transportation company.

But as a bystander and a legal person, I look at this issue calmly and rationally from a legal point of view. I think that in the current comparison of the strengths and weaknesses of the two sides, the weak ones are not those of us who refuse to get out of the car. Passengers, on the contrary weaker is the railway transport enterprises.In the face of these passengers who violated the passenger transportation contract, and actually formed passengers without a ticket, the railway transportation companies did not take coercive measures to ask everyone to get off the train, but tried their best to dissuade, guide, and positively publicize, please Refusing to get off the bus after arriving at the station, causing the passengers to get off without a ticket. The behavior seems to be very tactful and peaceful, but in my opinion, it is a very weak performance.The weak performance of railway transportation companies is actually extremely unfair to those of us who have normally purchased tickets.

Why do you say this way?Because our ride environment is damaged because of these passengers who refuse to get off the bus. You see, in this environment, not to mention going to activities or even going to the toilet, it takes a lot of effort.

If you asked me to think in another way, then please also think about it in another way. Passengers who bought tickets at the station ahead and signed a transportation contract with the railway transportation company and waited to get on the train, if there is a There are so many passengers who buy short rides and refuse to get off the bus, and they are unable to get on the bus due to the serious overcrowding of passengers. Who will protect their legitimate rights and interests?

As the opposite party to the innocent contract, the railway transport company had to change the content of the contract and the way of performance for those legal parties who should have been able to get on the train because of the behavior of passengers who bought short and long rides and refused to get off the train. Signing tickets, handling refunds and other related procedures.

In fact, if you want me to say, it should be the railway transportation companies who come to consult me ​​now, how to protect their legitimate rights and interests, not you, a passenger who buys short and long rides.Maybe I speak straighter, but the fact is like this, since you asked, I can't go against my conscience and say something flattering, I can only tell the truth.

Liu Qun, the conductor of the train, has worked on passenger trains for many years. He is very good at observing words and demeanor, is obedient and listens to sounds, and is very good at finding stitches. He hurriedly asked: "Oh, ah, please explain. How should our railway transportation companies protect their legitimate rights and interests?"

The same is true for elderly lawyers, who deal with all kinds of clients every day. It can be heard that Liu Qun means to create an opportunity for him, just like a double-mouthed cross talk, one of which is flattering and the other is funny. Go down to 'shake the burden'.He has to have someone who is a fan come forward and lead him to the topic.Let him tell these passengers the legal means that the railway transportation company may take, which will play a role in guiding, educating and even deterring, so as to encourage these passengers to get off the train as much as possible according to the arrival station on the ticket.

The elderly lawyer said: "As a railway transportation company, when this happens, the train staff can first dissuade and guide passengers to follow the regulations and get off at the specified station. If the dissuasion fails, the police can come forward and take compulsory measures. The method is to ask these passengers who have already arrived at the station and fulfilled the contract to get off the train. If they refuse to get off the train, they can send additional police force to the front station to enforce it. Do.

There is also the possibility of registering identity documents for these passengers who buy short rides and refuse to get off the train, and have the right to take legal means to sue through the courts and demand compensation for the direct losses suffered by the railway transportation company.

In addition, those passengers who bought tickets normally but were unable to get on the bus because of this can also sue these passengers who do not get off the bus, asking for compensation for reasonable transportation expenses, board and lodging expenses and other necessary expenses, which may even cause serious consequences Claims for moral damages.

The female passenger with ponytail turned pale when she heard this, and then said: "I mean, our legal rights." After a pause, he couldn't continue speaking, a little embarrassed and at a loss, as if a huge wave was set off deep in his heart. Emotion and reason are in a tit-for-tat contest.

Seeing her embarrassed look now, the elderly lawyer knew that his words had worked.Then he said: "As for the standard terms you mentioned just now, let me explain to you the relevant provisions of the standard terms.

That is to say, if standard clauses are used to conclude a contract, the party providing the standard clauses should follow the principle of fairness to determine the rights and obligations between the parties, and take a reasonable approach to draw the attention of the other party to the clauses that exempt or limit its liability, and respond to the requirements of the other party. The terms are explained.The concept of standard terms refers to the terms that the parties have drawn up in advance for repeated use and have not negotiated with the other party when signing the contract.

The railway transportation enterprise concludes the contract with the passenger by way of offer and acceptance.When selling tickets, each ticket clearly states information such as train number, arrival station, date, etc., which seems to be the standard terms you mentioned, but you should pay attention to that, after the standard terms are disputed, for What is mentioned is the clause of exempting or limiting its liability, but you can see that there is no clause exempting the liability of the railway transport company or limiting the liability of passengers on the ticket, so the term standard clause cannot be applied to our current situation.

The female passenger with ponytail still did not give up, and asked another question tentatively.

(End of this chapter)