Passengers and drivers dispute, beating and so on nearly 7 of the behavior led to the bus out of control.

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 Passengers and drivers dispute, beating and so on nearly 7 of the behavior led to the bus out of control.


According to the information disclosed in the case, half of the cases were caused by passengersrequests to get off the bus at non-stop. Disputes, beatings and other acts basically caused the vehicle out of control, and the proportion of car crashes was close to 70%.

classic case

Passengers and drivers criticized the fight.

The bus was out of control and hit the guardrail of the bridge.

Zhang, male, 45 years old, was originally a bus driver of a transportation group in Chongqing, and junior high school culture.

The Procuratorate of Qijiang District in Chongqing accused Zhang of driving a bus from Century Flower City in Qijiang City on January 24, 2018, heading for Shijiao along National Highway 210, carrying more than 40 passengers. When the car arrived at Huangjingcun Section of Sanjiang Street in Qijiang District, Zhang Mou had a quarrel with Zhang Mou and scolded each other because he avoided the traffic going in the same direction heading to the left and the passenger Feng Mou felt bumpy. Zhang Mousui pulled the car to the side of the road and pulled it up with Feng Mou (expressed in the verdict). The passengers on the back of the car persuaded the two of them, and Zhang Mou continued driving the car.

The next day, two people came to the court after telephone notification by the public security organs, and truthfully confessed the above facts of the crime.

Court Judgment: On April 26, Chongqing Qijiang District Court sentenced the defendant Zhang Mou to two years and eight months of fixed-term imprisonment and three years of probation for the crime of endangering public security by dangerous means; and sentenced the defendant Feng Mou to one year and eight months of fixed-term imprisonment and two years of probation.

Assaulting drivers due to change

Bus hit green belt

Deng Mou, male, 37 years old, primary school culture.

On March 4, 2018, Deng Mou took a bus at Dongfeng Village Bus Station, Xiaojinkou, Huicheng District, Guangdong Province. After boarding the bus, he had a dispute with Huang Mou, the bus driver, because of the change change problem. On the way, Deng Mou beat Huang Mou, who was driving the bus, which caused Huang Mou to run out of control and crash into the road during the emergency braking of the bus. At the edge of the green belt, the right front side of the bus was damaged and two passengers in the bus fell from their seats on the floor of the carriage. After the bus stopped running, Deng punched and kicked Huang Mou, Huang Mou alerted the police and closed the door. Deng Mou tried to jump out of the window of the drivers seat and fled the scene. He was arrested by the police who rushed to the scene.

Court decision: the court of First Instance sentenced Dengmou to three years imprisonment for endangering public security by dangerous means. In September 28th, the second instance of the Huizhou intermediate peoples court ruled that the appeal was dismissed and the original judgment was upheld.

Ticket kick kick driver

Emergency braking causes some passengers to fall down.

Zhang, male, aged 62, is a senior high school student.

On January 25, 2018, five passengers, including Zhang, boarded a bus driver Wang Mou as he drove through the second phase bus stop of Shuanghaiwan District, Sanya City, Hainan Province. As the vehicle continued to move, Zhang had a quarrel with Wang Mou about ticket purchasing. When the vehicle was driving to the section of Xiaodonghai Road Scenic Platform on the Peninsula, Zhang suddenly got up and left his seat, kicked Wang Mou who was driving the vehicle with his foot in spite of other peoples obstruction. After Wang Mous right arm was kicked, in order to avoid the emergency right turn of the incoming car and take braking measures, some passengers fell down, and the vehicle also crashed into the right mountain body, causing damage to the right rearview mirror assembly.

Court decision: the court of First Instance sentenced Zhang to three years imprisonment for endangering public security by dangerous means. Zhang Mou appealed on the ground that the sentence was too long. On August 31, the second instance of the Sanya Intermediate Court rejected the appeal and upheld the original sentence.

I cant get off the station and pull the drivers hair.

The bus was out of control and hit the roadside car.

Guo Mou, male, 32 years old, junior high school culture.

On December 28, 2017, Guomou took a bus. When he arrived at Sanhe Home Station, Shuangta District, Chaoyang City, Liaoning Province, the driver Zhangmou said that when he asked if anyone got off, nobody answered. The bus did not stop at this station. When the bus left Sanhe Home Station, Guo had to get off. Zhang told him that he could only get off at the next bus stop, which caused Guos discontent, insulted and pulled Zhangs hair. As a result, Zhang couldnt drive normally. The bus ran out of control and collided with a Buick Kaiyue car on the roadside. After the bus stopped, Guo took a fight with Zhang again on the bus, causing Zhangs face to be injured.

Court Judgment: On June 8 this year, the Shuangta District Court of Chaoyang City sentenced Guo Mou to three years and six monthsimprisonment for endangering public safety by dangerous means.

Because the driver asked for credit card to cause a quarrel.

Wu, female, 46 years old, secondary school culture.

In October 1, 2017, Wu took his two daughters from the big cross west of Kaili, Guizhou to take the bus home. After boarding the bus, because Wu only brushed two bus cards, bus driver Yang asked Wu, Why do the three of you only brush two bus cards? Wu answered that his two daughters were students, and that two people could do it once. Yang said, they are very dressed and look like students. The two people quarrelled and became more and more noisy.

After the bus stopped at the bus platform of Kaili City Processing Plant, Wumou arrived at the bus station and did not get off. Yang closed the door and went on. Wumou grabbed the steering wheel of the bus, causing the 10-way bus with more than 10 people to run out of control and rush onto the sidewalk. Yang emergency brake, causing passenger Yangs son Yang Moumou collision seat guardrail was injured.

Court Judgment: On March 14 this year, the Kaili City Court sentenced Wu to three yearsimprisonment and four years probation for the crime of endangering public safety by dangerous means.

Call to miss the car and pull down the driver.

Bus bumper lamp box box

Chen, male, 42 years old, junior high school culture.

In May 1, 2017, Chen took the bus from Suixi County of Anhui province to Huaibei city. When the bus left the Flower and Bird Market Platform, Chen missed the stop because of telephone calls, so he asked the driver Lumou to stop. Lumou refused to stop because the company stipulated that the stop could not be stopped and continued to drive. During the period, the two men ignored the passengersdissuasion and made verbal attacks on each other. When the bus continues to drive northward through the intersection of Suixi Road and Haigong Road, Chen pulls the driver Lumou to leave the drivers seat and fall to the ground. The bus runs out of control and deviates from the pavement on the west side of Suixi Road. Some passengers and passengers, such as CaO and Fang, were injured, and the front part of the bus and the left side of the carbody were damaged.

Court decision: the court of First Instance sentenced Chen to three years imprisonment for endangering public security by dangerous means. In February 28th this year, the Huaibei intermediate peoples Court of Anhui province ruled to reject the appeal and maintain the original judgment.

Lawyer analysis

Passengers should disturb the normal operation of buses and increase the cost of crime.

Wang Haogong, director of Shaanxi Haogong Law Firm, said that these cases reflected that in the current society of our country, it is no accident that passengers disrupt the normal operation order of buses, the operation and management of buses are not standardized, and the lack of law-abiding and safety awareness of the public is the root cause.

The passenger has concluded a passenger transport contract with the Bus Transport Management Company from the moment the passenger invests the money. The bus operator has the contractual obligation to deliver the passenger on time and protect his personal and property rights and interests. Wang Haogong said that if individual passengers disturb the safe operation order of buses for their own special reasons and ignore the interests of other passengers and public interests, they are not only ignorant of the law, but also lack and distortion of personal morality and value system.

In the current judicial practice, there are some disputes about how to deal with the serious accidents caused by the disputes and fights between passengers and drivers in judicial practice. Wang Hao said that this mainly involves the distinction between the crime of endangering public safety by dangerous means and the crime of causing traffic casualties. The crime of endangering public safety by dangerous means is a kind of intentional crime. It is the basic crime of arson, water conviction, explosion and dangerous substance throwing. Therefore, it must have the same value as the crime of arson, water conviction, explosion and dangerous substance throwing. As long as it has the specific danger of endangering public safety, it should be sentenced to three years. If a person is sentenced to fixed-term imprisonment of not more than 10 years and causes serious harmful consequences, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death penalty. Traffic accident crime is a kind of negligent crime. Criminal law stipulates that those who violate traffic and transportation regulations and thus cause serious accidents, causing serious injury to people, death or causing heavy losses to public and private property shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; those who escape after traffic accident or have other particularly bad circumstances shall be sentenced to three. A term of imprisonment of not more than seven years, and sentenced to fixed-term imprisonment of not less than seven years. Therefore, in order to ensure the principle of crime suitability, most of the acts that disturb the safety of public transport operations are convicted of endangering public safety.

The functions of public transport and the diversity of passengers create contradictions and potential risks to a certain extent. Zhao Liangshan, senior partner of Hengda Law Firm in Shaanxi Province, suggested that on the one hand, driver training should be strengthened to provide safe driving environment for passengers, on the other hand, public awareness of passengers should be improved and traffic safety violations punished. For those with bad circumstances, administrative and criminal penalties should be made clear. Indeed, increase the cost of crime and restrict the actor.

Hindering drivers normal driving

Public security organs can pursue responsibility

In order to maintain the safety of public transport and standardize the operation of public transport, the Xian Bus Passenger Transport Regulation will come into force on December 1, 2018. The Regulation clearly prohibits drivers, crew members and passengers from taking responsibility for the operation of public transport. Passengers commit the following acts in the course of bus operation: (1) carrying inflammable, explosive and highly toxic dangerous goods; (2) illegally intercepting or forcibly getting on and off buses; (3) obstructing the normal driving of drivers; (4) unauthorized operation of buttons and switch devices with warning signs in buses; (5) unauthorized operation of buttons and switches with warning signs in buses. Public security organs may investigate administrative or criminal liability for other acts that disrupt the order of driving, endanger personal safety and vehicle operation safety.

> > Review

The invasion of bus drivers must be intensified.

Considering that Chinas Judicial Documents Network has not covered all judicial documents, the number of cases of beating and tearing bus drivers may be far more than 28 cases that have been made public online since this year. From combing the relevant cases, it can be seen that disputes, beatings and other acts caused by the loss of control of vehicles, are large or small leading to traffic accidents. And these accidents that should not have happened are really frightening from the perspective of public safety.

As the name suggests, buses are a kind of public transport, which is closely related to public safety. It can be concluded that the safety of bus drivers is related to the safety of the passengers behind them, so their safety must be effectively guaranteed. In other words, once a company dispute arises on a normally running bus and is properly handled, the bus can still have a smooth journey. If the contradiction intensifies, what kind of light or heavy consequence the vehicle will lose will be unthinkable. Extreme, such as Chongqing bus crash accident, how painful lesson!

As public transport, airplanes, metros, trains and so on have strict protection for driverspersonal safety, while bus drivers who have more frequent contact with passengers and are more prone to corporate conflicts rely more on passengers self-discipline and self-awareness. Once the contradiction breaks out, it is not easy to restrain their anger. There are other people who are worried about their quality. They even ignore the lives of one car driver and beat drivers.

It is true that sometimes bus drivers have their own merits and demerits. Of course, we encourage the protection of individual legitimate interests, but we should adopt the right methods and ways. No one can affect public interests for his own sake, let alone endanger public safety. This is the value concept that the whole society should follow. It is everyones duty and responsibility to consciously maintain public safety. Bus driverspersonal safety is inviolable. It is not only a strong appeal, but also a strong guarantee. In addition to installing protective fences, the atmosphere of civilized travel also depends on the improvement of civilized quality, but this can not rely solely on waiting, because we can not guarantee that the next division disputes or even tragedies will be queue jumping. In this sense, in order to enable bus drivers to drive safely and safely, to let people travel safely, and to avoid disputes between companies of large and small continuing to occur throughout the country, it is necessary to intensify the crackdown on public safety hazards such as harassment and injury to bus drivers. The source of this article: Hua Shang Wang Hua Hua Bao editor in charge: Li Cong _B11284

It is true that sometimes bus drivers have their own merits and demerits. Of course, we encourage the protection of individual legitimate interests, but we should adopt the right methods and ways. No one can affect public interests for his own sake, let alone endanger public safety. This is the value concept that the whole society should follow. It is everyones duty and responsibility to consciously maintain public safety.

Bus driverspersonal safety is inviolable. It is not only a strong appeal, but also a strong guarantee. In addition to installing protective fences, the atmosphere of civilized travel also depends on the improvement of civilized quality, but this can not rely solely on waiting, because we can not guarantee that the next division disputes or even tragedies will be queue jumping. In this sense, in order to enable bus drivers to drive safely and safely, to let people travel safely, and to avoid disputes between companies of large and small continuing to occur throughout the country, it is necessary to intensify the crackdown on public safety hazards such as harassment and injury to bus drivers.