Legal Regulation Of Fare Evasion Of Passengers In China's Railway Transportation

This paper aims to study the legal regulation of passenger fare evasion in China's railway transportation.The main body of the article consists of four parts:The first part is the current situation of passenger fare evasion in China's railway transportation and the lack of legal regulation.Among them,the current situation of the fare evasion is mainly based on the analysis of some domestic mainstream media reports,the phenomenon of legal regulation mainly through the relevant laws and regulations and other normative documents analysis.The lack of legal regulation is the provisions of lag,and the content is not comprehensive and so on.The second part is the legal dispute in the regulation of passenger fare evasion in China's railway transportation.First,the legal nature of fare evasion behavior.This paper analyzes the legal nature of fare evasion behavior by unjust enrichment,breach of contract and infringement.Second,the legal nature of railway contract is the same.Through the analysis of the administrative attributes and civil attributes of the railway transport contract,it is concluded that the railway transportation contract is a special civil contract.Thirdly,the dispute of the railway transportation enterprise is the right of punishment.Through the analysis of legal and railway transport contracts on the railway transport enterprises authorized situation,the railway transport enterprises have the right to punish both from the law also comes from the contract;Fourth,the railway transport enterprises punishment measures.And discusses the legitimacy of the railway transport enterprises on the behavior of the passenger fare evasion.The third part is the internal and external reference of the passenger fare evasion in China's railway transportation.In the field,the main draw from the Beijing Metro and Beijing Public Transport Group on the fare evasion of passenger punishment experience;outside the domain,the main reference to the Hong Kong Railway and Sydney Railway penalties experience.The fourth part is the reconstruction of the legal system of passenger fare evasion in railway transportation.Secondly,it puts forward the legal measures to regulate the behavior of passenger fare evasion,including the payment of the ticket and the collection of the ticket.The first is the legal basis for the rectification of the legal system.Times,ordered to close the near,credited into the railway transport enterprises in China's credit system and other four ways,and conceived the fare evasion of passengers fare relief system,with a view to our future legislation to provide reference for the relevant views.