我國鐵路運輸中旅客逃票行為的法律規(guī)制
發(fā)布時間：2019-01-21 08:56
【摘要】：本文旨在研究我國鐵路運輸中旅客逃票行為的法律規(guī)制問題。文章主體內(nèi)容包括四個部分:第一部分是我國鐵路運輸中旅客逃票行為的現(xiàn)狀和法律規(guī)制的不足。其中,逃票現(xiàn)狀主要根據(jù)國內(nèi)一些主流媒體的報道分析得來,法律規(guī)制的現(xiàn)象主要經(jīng)過對相關(guān)法律法規(guī)等規(guī)范性文件的分析得來。法律規(guī)制的不足有條文的內(nèi)容不全面、規(guī)定滯后等。第二部分是我國鐵路運輸中規(guī)制旅客逃票行為的法理之爭。第一,逃票行為的法律性質(zhì)之爭。本文用不當(dāng)?shù)美�、違反合同、侵權(quán)三種理論對逃票行為的法律性質(zhì)進行了分析;第二,鐵路運輸合同的法律性質(zhì)之爭。通過對鐵路運輸合同的行政屬性和民事屬性的分析,得出鐵路運輸合同是特殊的民事合同的結(jié)論;第三,鐵路運輸企業(yè)的處罰權(quán)之爭。通過分別分析法律和鐵路運輸合同對鐵路運輸企業(yè)的授權(quán)情況,得出鐵路運輸企業(yè)的處罰權(quán)既來源于法律也來源于合同;第四,鐵路運輸企業(yè)的處罰措施之爭。探討了鐵路運輸企業(yè)對旅客逃票行為處罰措施的合法性。第三部分是我國鐵路運輸中規(guī)制旅客逃票行為的域內(nèi)外借鑒。在域內(nèi),主要借鑒了北京地鐵和北京公交集團對逃票乘客的處罰經(jīng)驗;在域外,主要借鑒了香港鐵路和悉尼鐵路的處罰經(jīng)驗。第四部分是鐵路運輸中規(guī)制旅客逃票行為的法律制度重構(gòu)。首先從法的秩序價值、誠實信用原則、公平正義理論分析了重構(gòu)法律制度的法理依據(jù);其次,提出了規(guī)制旅客逃票行為的法律措施,包括補收票款、加收票款的1-10倍、責(zé)令就近下車、記入我國鐵路運輸企業(yè)的征信系統(tǒng)等四種方式,并構(gòu)想了逃票旅客的權(quán)利救濟制度,以期為我國將來相關(guān)立法提供可參考的意見。
[Abstract]:The purpose of this paper is to study the legal regulation of passenger ticket evasion in China's railway transportation. The main content of this paper includes four parts: the first part is about the current situation of passenger ticket evasion in China's railway transportation and the deficiency of legal regulation. Among them, the status quo of ticket evasion is mainly based on the reports of some mainstream media in China, and the phenomenon of legal regulation is mainly analyzed through the analysis of relevant laws and regulations and other normative documents. The deficiency of legal regulation includes the content of the provisions is not comprehensive, the provisions lag behind, and so on. The second part is the legal argument of regulating passenger ticket evasion in China's railway transportation. First, the dispute over the legal nature of ticket evasion. This paper analyzes the legal nature of ticket evasion with the theories of improper enrichment, breach of contract and tort. Secondly, the legal nature of railway transport contract is debated. Through the analysis of the administrative and civil attributes of the railway transport contract, the conclusion that the railway transport contract is a special civil contract is concluded. Through the analysis of the law and the authorization of the railway transportation contract, the author concludes that the punishment right of the railway transport enterprise comes from both the law and the contract; fourth, the conflict of the punishment measures of the railway transport enterprise. This paper discusses the legality of penalty measures for passenger ticket evasion in railway transport enterprises. The third part is the internal and external reference of regulating passenger ticket evasion in China's railway transportation. In the region, it mainly draws lessons from the punishment experience of Beijing Metro and Beijing Public Transport Group to ticket evading passengers, and outside the territory, mainly from the punishment experience of Hong Kong Railway and Sydney Railway. The fourth part is the reconstruction of legal system to regulate passenger ticket evasion in railway transportation. First of all, from the order value of law, the principle of good faith and the theory of fairness and justice, this paper analyzes the legal basis for the reconstruction of legal system. Secondly, it puts forward the legal measures to regulate the behavior of passenger ticket evasion, including the four ways of making up the ticket collection, increasing the ticket collection by 1-10 times, ordering the nearest passenger to get off, and recording the credit information system of the railway transport enterprises in our country. The system of right relief for ticket-evading passengers is conceived in order to provide reference for the relevant legislation in our country in the future.
【學(xué)位授予單位】：北京交通大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2017
【分類號】：D922.296
[Abstract]:The purpose of this paper is to study the legal regulation of passenger ticket evasion in China's railway transportation. The main content of this paper includes four parts: the first part is about the current situation of passenger ticket evasion in China's railway transportation and the deficiency of legal regulation. Among them, the status quo of ticket evasion is mainly based on the reports of some mainstream media in China, and the phenomenon of legal regulation is mainly analyzed through the analysis of relevant laws and regulations and other normative documents. The deficiency of legal regulation includes the content of the provisions is not comprehensive, the provisions lag behind, and so on. The second part is the legal argument of regulating passenger ticket evasion in China's railway transportation. First, the dispute over the legal nature of ticket evasion. This paper analyzes the legal nature of ticket evasion with the theories of improper enrichment, breach of contract and tort. Secondly, the legal nature of railway transport contract is debated. Through the analysis of the administrative and civil attributes of the railway transport contract, the conclusion that the railway transport contract is a special civil contract is concluded. Through the analysis of the law and the authorization of the railway transportation contract, the author concludes that the punishment right of the railway transport enterprise comes from both the law and the contract; fourth, the conflict of the punishment measures of the railway transport enterprise. This paper discusses the legality of penalty measures for passenger ticket evasion in railway transport enterprises. The third part is the internal and external reference of regulating passenger ticket evasion in China's railway transportation. In the region, it mainly draws lessons from the punishment experience of Beijing Metro and Beijing Public Transport Group to ticket evading passengers, and outside the territory, mainly from the punishment experience of Hong Kong Railway and Sydney Railway. The fourth part is the reconstruction of legal system to regulate passenger ticket evasion in railway transportation. First of all, from the order value of law, the principle of good faith and the theory of fairness and justice, this paper analyzes the legal basis for the reconstruction of legal system. Secondly, it puts forward the legal measures to regulate the behavior of passenger ticket evasion, including the four ways of making up the ticket collection, increasing the ticket collection by 1-10 times, ordering the nearest passenger to get off, and recording the credit information system of the railway transport enterprises in our country. The system of right relief for ticket-evading passengers is conceived in order to provide reference for the relevant legislation in our country in the future.
【學(xué)位授予單位】：北京交通大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2017
【分類號】：D922.296
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