News 1+1丨Refusing to allow passengers on the inside of the line to cross the road in a wheelchair...Uncivilized behavior, how can you stop it?
In recent weeks, uncivilized phenomena on the roads have appeared frequently.
On the high-speed rail, the passengers were refused to give way to the passengers in the inner seats, and the passengers who were refused could only change seats; on the road, the sidewalk was 100 meters away from the sidewalk.
In the face of uncivilized behavior, should we use moral condemnation, or use the law to pursue it?
In this video of refusing to give way on the high-speed rail, the man who refused to give up is indeed a bit confusing, because he provides a logical paradox, this logical paradox is: I did not let you in, you can Enter, but the reality is that you can’t live without stepping on his legs or body. This is a very important logical paradox.
Is this an ethical issue or does it involve a violation of public order in traffic?
Feng Yujun, Professor of Law School of Renmin University of China: This is obviously not just a moral question, it has been completely transformed into a legal perspective. I think it can be answered from two aspects.
The first aspect is that each of us lives in society, and our rights and obligations are always overlapping. There are no rights without rights, and no rights without obligations. This is reflected in the high-speed rail passengers, any passenger To exercise his right of use, he naturally has the right to facilitate the passage of adjacent passengers, and vice versa.
In this video, the male passenger refused to give up his seat. He violated his obligation to provide convenience to neighboring passengers. Of course, it is an illegal act and should bear civil liability.
If it can be proved that more serious consequences have been caused in the follow-up, it may also be responsible for administrative and criminal law.
Second, the high-speed rail is a public space. The language and behavior of male passengers make things difficult for neighboring passengers, which will inevitably have a large or small adverse effect on other people in the compartment space and even train staff, which naturally affects public order. It's no longer a matter between two people, it has become a matter of everyone, that is, the law needs to be adjusted.
The picture shows only partial passages. If two people quarreled before, would it affect the judgment?
Feng Yujun: Yes, because this picture is in the middle of an interception. We don’t know the front and we don’t know it completely at the back. But as far as the matter is concerned, the exercise of your rights cannot be abused. A person can have rights. It’s okay to sit in the middle, but you have abused this right, you stick to this right, and you don’t assume corresponding obligations to others. This abuse of right causes a violation of the law.
The railway department did not give clearer explanations on matters of widespread concern. What do you think of the result of this processing?
Feng Yujun: I think it can be said that one is happy, the other is worry, and the other is happy. That is to say, this problem is solved under the current situation. Through patience and finding new resources, This problem has been shelved and resolved, but a clear signal of right and wrong, right and wrong, legality and illegality is given to the right and wrong, legal and illegal, which is easy to cause inaccuracies in the behavior of subsequent passengers and many people in the future. The behavior is expected.
The core feature of the law is to give people a stable behavioral expectation, which things are right and which things are wrong. If you can’t do it again, if you do it, you must bear legal responsibility.
With the development of high-speed rail and the increasing utilization of public space, should we follow laws and regulations to give you an accurate result so that everyone knows what they should do in the future?
Feng Yujun: Actually, the small dispute I just mentioned contains a big question of right and wrong, whether the behavior is legal or illegal. In the past, if you think it's okay in the past, you can endure it and avoid it. This is not true. A complete legal solution idea and method.
The idea and method of legal settlement is to deal with it from the perspective of thinking about rights and obligations and thinking about substantive procedures, especially as the technology of high-speed rail and high-tech is more and more developed, we should make the legislation more refined and precise When our citizens are abiding by the law, their own quality must be improved, and more importantly, whether their behavior is judged according to the principle of abiding or breaking the law, so that many problems and disputes can be resolved systematically.
Regarding the case of the elderly in wheelchairs crossing the road, how to deal with those groups in life who seem to be disadvantaged but actually violate laws and regulations?
Feng Yujun: Our traditional approach is to make big things small and small things into small things, and give special care to special groups. But when it comes to the future, in a society under the rule of law, we still have to make a clear distinction between legal and illegal.
In fact, in our social life, some things seem to be a mess. What is the law?
The law is to cut with one cut, cut with one cut, it is clearer which is right and which is wrong. Of course, our legislative issues are also involved here. Traditional legislation is relatively conceptual, more advocating, but refined. If we make more refined and scientific operations in legislation, we should say that we can still implement precise punishments for the elderly who jump over the guardrail or special groups of people who violate public order. I think we can still solve the related problems. problem.
In fact, we often see the phenomenon of crossing the road and over the railing in our daily life. It is only because this old man is in a wheelchair that shocks everyone, which is especially magnified. Should the future be treated equally?
Feng Yujun: For a civilized society, if we want to construct a legal order, we must strictly enforce the law and be strict with the law. There should not be too many uniform standards and completely different flexibility. These flexibility are just the temptation and destruction of the law. As time passes, the law does not become the law. The law becomes a dead letter in front of many people. Therefore, in order to maintain the rule of law and protect the common interests of everyone, we should be very clear. The flag is raised.
Now people seem to have more and more civilization anxiety, including moral anxiety. Shouldn’t the law play a better role in promoting, letting the past take care of major and mid-term issues, and I’m afraid that in the future, it will also be more effective to manage many small and anxious things around us?
Feng Yujun: In fact, according to our research, we see that the development of the rule of law in the new era has an important feature, that is, the legalization, standardization, and enforceability of moral rules, which is the so-called trivial, inconspicuous, or endogenous human nature. Some things in the past were not governed by the law, but now they are increasingly standardized and enforceable. Behind it, they reflect the essence of the times. It is the Party Central Committee’s strategy of adhering to the combination of rule of law and rule of virtue. We adhere to this It may be very good to do it with a strategy.