Use the rule of law to clean up the subway scan code disorder
Metro asks for scan code suspected of infringing on passengers' right to peace, experts suggest to improve relevant laws and regulations
□ Our reporter Zhao Chenxi
"It's not easy to start a business, I hope you can support it, thank you." In a subway car, several women held their mobile phones and asked passengers to scan the code to pay attention. At this time, one of the women found a passenger using a mobile phone to film their behavior. Stepped forward to question and knocked down the passenger's cell phone...
This is a scene that took place on the Beijing subway recently. The incident is still being processed. The Beijing Rail Transit Hotline responded that it will feed back the relevant responsible departments for handling. If the follow-up security personnel see it, it will stop it.
Many passengers are no strangers to this kind of subway scan code "seeking support" behavior, but the recent incident has once again triggered people's "condemnation" of such behavior.
While complaining about this kind of behavior is annoying, people can't help but ask, how should this kind of behavior be managed?
Liu Junhai, a professor at the School of Law of Renmin University of China, said in an interview with a reporter from the Rule of Law Daily that this type of behavior is suspected of infringement, and laissez-faire should not be ignored, but should be resolutely stopped. Through detailed relevant regulations, such behaviors should be further explicitly prohibited. Of the list.
The "business experience" behind the subway scan code
Jiaqi used to be a "code scanner". During college, on the recommendation of a friend, she found this relatively "easy" job that can make money-subway scan code.
After learning "I am a college student who started my own business, I need some fans in the early stage, I hope you can support me" and so on, Jiaqi got a mobile phone specially used for scanning codes given by the company.
"The daily fixed salary is 200 yuan, and it is required to scan the QR code to add 100 friends. After the number of scan QR code exceeds 100 people, every additional person who scans the QR code can get 1.5 yuan more." Jiaqi's WeChat ID is mainly used for scanning QR codes. Come to promote products, including nutrition, clothes, high imitation bags and other products. After scanning the code for a day, they will return their mobile phones to the company. Special personnel will operate these WeChat accounts and be responsible for connecting new users and publishing. Moments ads.
Jiaqi later learned that these large numbers of WeChat accounts that add friends by scanning codes have another purpose, which is to sell accounts directly. Some wechat merchants or companies will directly purchase these WeChat accounts filled with friends at a high price.
"Someone on the subway asked to help scan the code, would you scan it?" A reporter from the "Rule of Law" interviewed 20 subway passengers randomly. Of them, 16 clearly stated that they would not scan, and the remaining 4 said they would help scan, but if it is a micro Those who sell products will be deleted again.
"If you just scan the QR code and add the WeChat business, it's actually good. What I'm most afraid of is another purpose." In Dong Yunlong's WeChat, there are some who can't name them at all. These are all his kind help to scan the QR code. People, but a special experience made him start to be more vigilant.
After scanning the QR code handed by the other party, Dong Yunlong jumped directly to a page where a small program needs to be installed. The other party said that it was a newly developed app by their company and needed download support. He hoped that Dong Yunlong could install it. Delete it later. After being rejected, the young man went to an older passenger next to him for "help."
Later, Dong Yunlong deliberately searched the Internet and found that if the small program installed by the other party is a "phishing program" carrying Trojan horse viruses, it is very likely to steal the user's WeChat information. If WeChat is bound to a bank card, the consequences will be even more serious. Unimaginable.
"Some people may not look carefully at whether they are adding friends after scanning the code, but follow the prompt steps naturally, which gives some opportunities for small actions." Kong Yang, a Beijing policeman, told reporters that he had discovered earlier There is also a category of readers who intend to ask passengers to help pass WeChat-assisted verification.
The so-called WeChat auxiliary verification means that some abnormal accounts need to have WeChat that can be used normally. Scan the code to help the abnormal accounts return to normal. Because it is not a WeChat friend, you can ask "passers-by" to help, but auxiliary verification is equivalent to yes Use your personal reputation to guarantee the other party, and the purpose of the other party's account is unknown, so the risk is also huge.
"People should be vigilant and refuse this kind of behaviors of asking for help and scanning codes on the subway," Kong Yang reminded.
Suspected of violating passengers' right to peace
People who often take the subway are no strangers to these "code scanners" who shuttle between the various cars. People are disgusted and helpless, but they seldom realize that the actions of these people have been suspected of infringement.
Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law, pointed out that these “code-scanners” have been suspected of infringing on passengers’ right to peace.
The right to peace of life in the Civil Code is formally incorporated into the privacy legal protection system.
Article 1032 of the Civil Code stipulates that natural persons have the right to privacy.
No organization or individual may infringe the privacy rights of others by spying, harassing, divulging, disclosing, etc.
Privacy is the tranquility of the private life of a natural person and the private space, private activities, and private information that are unwilling to be known to others.
The right to tranquility naturally includes two aspects. One is the safety and tranquility of the physical space to avoid any physical illegal or improper intrusion; the other is psychological and spiritual stability and tranquility to avoid any psychological and spiritual illegality. Improper intrusion.
Zhu Wei said that asking unfamiliar passengers on the subway to help scan the code, and still begging for "help" after being rejected, has disturbed the peace of the passenger's physical space and is suspected of infringing on the passenger's right to peace.
According to the relevant provisions of the Civil Code, those who infringe or infringe on the passenger’s right to peace may be liable for material damages or even mental damages.
In addition, Zhu Wei pointed out that there are some "code scanners" who even take the initiative to pick up passengers' mobile phones to scan codes, and this behavior is also suspected of infringing on passengers' right to choose.
Liu Junhai also said that the subway scan code is not a simple question of consent or rejection by passengers, but a suspected civil infringement. If this causes a greater conflict, such as quarrels or even physical conflict between the two parties, or Scan code content is suspected of fraud, etc., and may even be held criminally responsible.
It is recommended to specify and prohibit
However, in practice, the subway management methods are relatively limited for this type of behavior.
Beijing subway staff Jiang Chen introduced to reporters that different from begging behavior in the subway, which is easy to distinguish in terms of dressing and carrying items, the "scan code family" tool only needs a mobile phone, and the rest is no different from ordinary passengers, so it is difficult Precautions before engaging in can only be stopped in time after discovery.
At present, this is mainly handled in accordance with the behavior of promoting products in the subway.
The "Urban Rail Transit Passenger Transport Organization and Service Management Measures" issued by the Ministry of Transport and implemented on April 1, 2020 clearly stipulates the prohibited behaviors of passengers, including promoting products or engaging in marketing activities.
The "Beijing Rail Transit Passenger Code" stipulates that passengers are not allowed to promote products or engage in marketing activities; the "Beijing Rail Transit Operation Safety Regulations" make prohibitions on the distribution of advertisements and other items in stations and cars.
"From the perspective of these existing regulations, we can only classify the behavior of scanning codes on the subway into the promotion of products or marketing." But in actual implementation, Jiang Chen has encountered "scan code families" and subways. The staff argued that they thought they were just "seeking help" and did not have any actual sales promotion.
"At present, there is no good way to ask for scanning codes in the car. We can only step forward to dissuade them. We can't even ask them to get off the train." A subway car security guard said reluctantly that these people are likely to be passing by. After two carriages, when the security personnel were not ready, scan the code again.
Many people believe that the relevant provisions of the "Beijing Rail Transit Operation Safety Regulations" should be further improved, and scanning codes for attention should be prohibited.
Liu Junhai agrees with this. He believes that although the current subway scan code is still some micro-businesses spreading the Internet to attract potential customers, some fraud traps are still not ruled out. Moreover, such acts are essentially civil torts. Therefore, it is necessary to expressly prohibit by perfecting the regulations, leaving no loopholes.
Liu Junhai suggested that non-essential, random, and commercial code scanning behaviors should be clearly listed as prohibited behaviors for passengers in relevant regulatory documents, so that subway security personnel can deal with this behavior in accordance with regulations.
Zhu Wei added that in addition to improving relevant regulations, a mechanism for handling subway security personnel and traffic administrative departments in relation to public security planes should also be formulated. In the event of repeated persuasion or similar acts of robbing passengers’ mobile phones, there are related law enforcement rights. The department can effectively stop it and deal with it in accordance with laws and regulations such as the Public Security Management Penalty Law.