The Xi'an police intervened in the incident of a female subway passenger being dragged away. The lawyer: the security has no right to forcibly take away
On September 1, The Paper (www.thepaper.cn) learned from the Xi'an Public Security Bureau Metro Sub-bureau that the police had intervened in handling the case of a female passenger in the Xi'an Metro being dragged off by a security guard.
Xi'an Metro also responded to The Paper, saying that "the party involved has called the police."
In addition, The Paper noted that in response to the incident, the official Weibo of the Ministry of Transport responded to netizens’ comments on the morning of the 1st, “This incident has been reported and is being processed. Thank you for your attention.”
Due to the conflict, a female passenger on the Xi’an subway was dragged out of the carriage and exposed extensively
Recently, a video of a woman being dragged away from the Xi'an subway by security personnel was exposed and aroused heated discussion among netizens.
The online video showed that a woman wearing a black dress had a quarrel with a man. The woman claimed to "add me on WeChat, hurry up and add me on WeChat".
Subsequently, the woman was forcibly dragged out of the carriage by staff wearing subway security uniforms, causing the woman to be exposed to a large area and her personal belongings scattered all over the place.
When the woman was dragged out of the carriage, she said, "My citizen card and ID card are all inside."
In response, the Xi'an Metro Operations Branch issued a statement on its official Weibo on August 31.
The Xi'an Metro operating branch said that on the afternoon of August 30, a female passenger had an argument with other passengers in the carriage of Line 3.
During this period, he kept insulting the passengers around him and causing physical conflicts, which seriously affected the order of the ride.
At 5:45 pm, after the vehicle arrived at Dayan Pagoda Station, the station staff and enthusiastic passengers dissuaded her and tried to take her out of the carriage.
During the period, the passenger refused to get off the train because of a fierce reaction. To ensure the safety of the subway, the station staff promptly called the police to assist in handling.
Subsequently, the passenger, accompanied by security personnel, left on his own after arriving at the destination, which did not have a major impact on the order in the subsequent carriage.
Some netizens questioned the aforementioned statement of the Xi'an subway, saying that the security personnel in the subway have the right to enforce the law and can do this against women?
Where are the boundaries of security duties?
Did the dragging behavior of the security personnel insult the female passenger?
Some netizens commented that “Xi’an subway security officers are too uncivilized to enforce the law. They dragged the female passengers out of the carriage, dragged them until they were barely clothed, leaving only the underwear. They also responded that the women’s trouble was first..." "Xi’an Metro Please give a reasonable explanation for dragging girls to violent law enforcement incidents!” “Security guards really don’t have this power, right? Even if the police have to take coercive measures to enforce law enforcement, they are all about norms. There are a set of procedures. Anything that is missed may be accused. Metro’s What qualifications does a security guard have to replace the police in law enforcement?"
However, some netizens also commented that it was the female passenger involved in the incident who scolded others first, but was said to be "female hooligan", and then tortured with others, and claimed that the security guard was playing hooliganism.
Some lawyers think: Xi'an subway is improperly handled
In response to the incident, on the morning of September 1, lawyer Lu Fengyang of the Shanghai Jintiancheng Law Firm told The Paper that, judging from the several videos that have been exposed, the Xi'an Metro's disposal is inappropriate.
According to existing information, in such an incident, it is very inappropriate to pull the woman involved in such a compulsory way, causing the other party to be exposed to a large area.
Lu Fengyang said that there are two questions. Is the security personnel involved in the video a general staff member or a policeman?
Is he enforcing the law?
Forced removal is mandatory, and ordinary workers do not have this right.
According to the severity of this incident, even if the police are present, considering that people wear relatively few clothes in the summer and are in public places, a cautious and cautious approach should be adopted when dealing with it.
In other words, even if the law is enforced, it should be considered in a civilized and rational way.
Lu Fengyang believes that based on the existing information, the Xi'an Metro can take more appropriate ways to intervene, such as discouraging, assisting in communication, or maintaining order at the scene, and persuading to leave when the terminal or other passengers get off the train.
The disposal measures of subway staff should be limited within the scope of their powers, be civilized and rational, and take into account the protection of the image and privacy of others.
If the girl in question wants to defend her rights, she can ask the Xi'an Metro to apologize and compensate her. For example, did the other party cause her property damage during the handling process, and did the other party cause physical harm to her in the process of forcibly removing her?
Lu Fengyang said that a society should be civilized, rational, and peaceful, and the rude and barbarous handling methods are inappropriate and may be illegal.
Xing Xin, a senior partner and lawyer at the Hunan Jinzhou Law Firm, analyzed to The Paper that if the report of the Xi'an Metro is true, the female passenger insulted surrounding passengers and had physical involvement with some passengers during the quarrel with other passengers on the subway. Conflict behavior, the behavior seriously affected the order in the carriage.
According to Article 46 of the "Xi'an Urban Rail Transit Regulations", passengers are prohibited from making loud noises and other behaviors that affect the order and safety of rail transit operations.
In the event of an act affecting the operation order of rail transit, the municipal urban rail transit management agency shall impose a fine of not less than 20 yuan but not more than 100 yuan on the individual, and a fine of not less than 1,000 yuan but not more than 5,000 yuan on the unit; if any loss is caused, it shall be liable for compensation in accordance with the law. ; Violation of the "Public Security Administration Punishment Law" shall be punished by the public security organ; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.
According to Article 23 of the Law on Public Security Administration Punishments, those who disrupt subway order can be given a warning or a fine of less than 200 yuan; if the circumstances are serious, they can be detained for not less than 5 days but not more than 10 days, and may be fined not more than 500 yuan. .
Attorney Xing Xin said, but on the other hand, what can be determined is: According to the situation in the notification, the subway security personnel do not have the power to ask passengers to get off the train. Determine whether the passenger violated the "Public Security Administration Penalty Law" and whether to decide to impose administrative penalties.
When encountering such incidents, subway security personnel can only perform passive actions such as necessary self-defense and necessary protective actions to protect other passengers from harm, in addition to dissuasion.
Lawyer Xing Xin said that it is impossible to judge whether the security guards were deliberate in the dragging process in the video. If the woman's privacy is exposed due to violent movements, we should be cautious and should not easily believe that the security has caused insults to women.
Of course, if the woman in question believes that her rights have been violated, she can also take legal means such as complaints, reports, and prosecutions to claim her legitimate rights and interests.
Lawyer Ding Jinkun of Shanghai Dabang Law Firm believes that according to the provisions of Article 70 of the Xi’an Urban Rail Transit Regulations, “urban rail transit operating units obstruct screen doors (security doors), opening and closing of doors, or illegally intercepting trains, or forcibly getting on and off trains. Have the right to discourage and stop the perpetrators.” In addition, security guards must not infringe on the personal freedom of passengers.
The passenger certainly affected the order in the car, but the security had no law enforcement powers and could not tow him.
Ding Jinkun said that if passengers encounter such incidents, the correct way is to fix the evidence, such as taking photos or video, and hand it over to the police for processing.
The public security committee shall deal with it in accordance with the "Public Security Administration Punishment Law."
For the wrong towing, causing the woman's clothes to be disheveled and revealing her privacy, which constitutes infringement, the subway should apologize and compensate for the loss.