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Shanghai Railway Transportation Court Reported Trials on Rail Transit Related Cases
[2018-03-27]

on march 27, 2018, shanghai railway transportation court (srtc) held a news briefing at which it reported trials on the rail transit related cases from 2014 to 2017, released typical cases concerning rail transit,proposed suggestionssolutions by analyzing the featurescauses of related cases, with a view to contributing to the increase of the social, legal, intelligentprofessional level of social governance,providing potent judicial guarantee for the securitygood order of shanghai urban public transportation. mr. zhu weidong, vice president of srtc, delivered a detailed report of relevant information.

according to the news briefing, during the past several years, the operation scale of the rail transit in shanghai has been continuously increasing. currently there are 389 stations on 16 lines that cover a total length of 666 kilometers with an average daily passenger flow of over 10 million. so far, the scale of the transportation network ranks first in the world. to ensure the safetygood order of shanghai’s rail transitto create a safe, civilizedorderly travel environment are important aspects in further improving the overall management of the citybuilding an excellent global city.

since the fourth quarter of 2013, srtc has successively accepted civil, administrative,criminal cases in the operational areas of the city’s rail transit in accordance with the relevant designated jurisdictional regulations.

according to the news briefing, from 2014 to 2017, srtc accepted a total of 1,136 cases concerning rail transitconcluded 1,131. among them, 140 were civil cases, 979 criminal cases,12 administrative cases. some basic features have been found in such rail transit related cases: 1. the types of cases are relatively concentrated. rail-related civil cases are mainly disputes over personal right infringements such as disputes over the responsibility of operators of public placesdisputes over health rights rail-related criminal cases are mainly about property infringements such as theft whereas rail-related administrative cases are basically about public security. 2. there is a high rate of mediationwithdrawal of rail-related civil disputes. the mediationwithdrawal rate of rail-related civil cases exceeds 70%,most civil disputes are properly resolved through mediation, negotiationother means. 3. the incidence of rail-related passenger injury maintains a low level,subway operators have achieved remarkable results in preventingresolving disputes. in recent years, the annual average passenger flow of shanghai metro has exceeded 3 billionhas been rising year by year. however, the number of cases concerning passengers’ personal injury disputes is only more than 1,000 each year from 2015 to 2017. the incidence of passenger injury remains low,noticeable results have been achieved in operationmanagement. most disputes were resolved without the need of legal procedures. 4. the rate of recidivism in rail-related criminal cases is fairly high. in rail-related criminal cases, there are nearly 50% of the defendants who had previous offences,more than 80% of them had committed crimesviolated the relevant provisions of public security management in the rail transit areas, with theft topping the list.

common types of rail-related cases: 1. common civil cases. the common rail-related civil cases are mainly about personal injury, which involve the determinationimputation of passengers’ own duty of caresubway operators’ obligation of safety guarantee. the main situations include: fall caused by wetslippery ground, fall on the escalator, pinch by the door of the train, injury caused by stepping into the gap between the vehiclethe platform, collision during the process of catching the train. 2. common criminal cases. criminal cases which occur in the operational areas of rail transit ac for over 80% of all rail-related cases, with the main situations including: theft, impediments to public service, use of rail shops to sell goods that erfeit registered trademarks. 3. some compound cases. some cases involve different areas such as civil affairs, administration,criminals,they have certain complexities. the main situations are: first, personal injury cases that occur between passengers,some also involve public security penaltiescriminal cases of intentional injuries second, relevant cases where passengers use violenceother methods to hinder the enforcement of duties of rail officersmanagement personnel. such cases might also lead to administrative cases, criminal investigations,civil lawsuits.

problems worth attention: first, it is necessary to deepen refined security guarantee. management shall not be ignored at any moment. the largest proportion of rail-related civil disputes lies in disputes over the responsibility of operators of public places. the focus of disputes is on whether the subway operators have fulfilled their safety guarantee obligations within reasonable limits. in general, subway operators have paid moremore attention to the implementation of safetysecurity obligations in recent years,corresponding measures have also been improved. however, trials of relevant cases reflect that some blind spotshidden danger still linger in some minoreasily overlooked occasionssituations where refined management needs to be enhanced. for example, non-slip mats, warning signsthe like need to be safelyreasonably provided in wet weather. second, some passengers need to raise their civilizedlegal awareness. the maintenance of a safe travel environment for rail transit needs the joint effort of the whole society. however, some passengers just lack meritcourtesy,their consciousness to obey ruleslaw is also inadequate. this makes up one of the causes of a high incidence of rail-related casesis worth the attention of everyone.

suggestions: it is important to comprehensivelycontinuously investigatebolster areas of weaknessfully fulfill the safetysecurity obligations. as one of the main bodies of public transport operation, subway operators shoulder important social responsibilities to participate in urban public transport management. they must always build a secure line of defenseperform comprehensive, meticulous,timely implementation of safetysecurity obligations. 1. subway operators shall be alert to problemsdanger prevention, implement meticulous management, conduct regularcomprehensive investigations of potential safety hazards,strengthen targeted security measurespublicity in peak periods such as commuting peak hoursholidays. second, it is essential to take full advantage of modern technical means at accident-prone sites such as elevatorsplatforms to constantly improve safety tipswarning measuresmake the warning signs as eye-catchingidentifiable as possible. third, it is important to strengthen job training for relevant personnel to enhance their ability to deal with emergencies, their first-aid skills,their ability to use relevant equipment, etc.,to conduct regular safety evacuationrescue drills to improve rescue capabilities. it is imperative to strengthen publicitypromote formation of the awareness of civilized travelthe social consciousness of following rulesregulations. a safe travel environment requires the concerted efforts of the whole society. therefore, it is important to use all kinds of publicity means to enhance the awareness of passengers to learn, obeyapply the law,to promote formation of the social consciousness of civilized travel. to this end, there are several points that need to be paid attention to. first, it is necessary to further intensify the publicity of rail transit safety rules, guide the passengers to consciously abide by the rules of civilized travel,strengthen their awareness of observing lawsregulations through various channels such as news mediamultimedia publicity on platformsin train compartments. second, through publicity of typical rail-related cases, vividgraphic case scenarios can be used to raise public awareness of safety,foster good habits for safe travel. third, citizens should consciously establish a travel concept of civilization, safetyregulation compliance,proactively safeguard public safety of the city so that a more solid social foundation could be formed for good behaviorssafe travel. it is also important to strengthen comprehensive governancecreate a safeorderly travel environment. with long operation linesa good number of stations, the areas covered by rail transit are always densely populatedwith high mobility. therefore considerable attention should be paid to these areas at all times. efforts shall be made to strengthen the prevention of problemslift up the management level,combine special treatment with systematic management, comprehensive management,source control to jointly ensure good order in rail transit operation. first, it is important to adhere to the principle of preventioncombine it with clampdown actions. to this end, efforts shall be made to strengthen legal publicity about passengers’ personalproperty safety, security checklaw enforcement while enhancing prevention of illegal behaviors, so as to continuously strengthen the public awareness of maintaining urban public safety,mobilize passengers to actively participate in preventioncontrol of crimesconsciously cooperate with law enforcement. second it is necessary to constantly purifymaintain the metro environment, enhance the supervision of business operations in the metro business districts, guide the business runners to jointly buildmaintain a market environment of integrity where everyone abides by the law comprehensive governance methods shall be adopted for those non-passenger groups, such as beggars, people who distribute ad leafletsset up business booths in the subway, to enhance environmental management in the metro operational areas. such methods include provision of assistanceguidance,legal managementcontrol. third it is necessary to introduce modern scientifictechnological means into the refined subway management of safetysecurity. through the use of technologies related to big datathe internet, improvements can be made in the developmentapplication of security monitoring, identification,early-warning systems to further enhance people’s sense of securitysatisfaction.

typical rail transit related cases.rar

 

  

 

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