Study On Legal Obligation Of High Speed Railway Passengers

In modern society,people go out for study,business trips or sightseeing without all kinds of transportation,which has become an indispensable part of life.And with the development of high-speed railway in our country,we choose to take the high-speed rail travel as a way of people increasingly,relative also bring the inevitable increase in illegal events,such as passenger on a high-speed rail travel on the way,due to various reasons,the risk of high speed rail transportation as more high-speed rail "bully" incidents occurred frequently,The passenger presses the "emergency brake button" to stop the bus by mistake.However,the relevant laws and regulations for passengers to observe legal obligations to maintain the safe operation of high-speed railway are not perfect,and the rights and interests of passengers can not be protected.Therefore,from the perspective of exploring the legal obligations of high-speed railway passengers,this thesis analyzes the current problems faced by passengers in performing their legal obligations and the causes of the problems,and puts forward suggestions to improve the legal obligations of high-speed railway passengers.This thesis is divided into four parts:The first part is the high-speed railway passenger legal obligation basic situation introduction,mainly introduces the concepts of high speed railway passenger legal obligation,the high-speed railway passenger in justification of legal obligation,analyzes its factors and external factors,including the causes of high speed railway passenger legal obligations such as its own particularity,the reality of the problem,As well as its legitimacy and theoretical basis such as social contract theory,it introduces several types of its existence and the significance of the legal obligations of high-speed railway passengers.The second part,combined with the specific legal provisions of the legal obligations of high-speed railway passengers in China,analyzes and summarizes the relevant legislative status and specific contents of the legal obligations of high-speed railway passengers,including the relevant provisions on the legal obligations of highspeed railway passengers "by ticket","check-in" and some "prohibited" legal obligations,and evaluates and analyzes them.First,the value and significance of the legal obligations of high-speed railway passengers to the current legislation,The second is about the deficiencies of the legal obligations of high-speed rail passengers to the current legislation.The third part deeply analyzes the problems existing in the practice of legal obligations of high-speed railway passengers in China by combining cases,including the legal regulation of legal obligations of high-speed railway passengers to be improved,the lack of execution in practice and the lack of awareness of legal obligations by passengers,and analyzes the causes of the problems.The main reasons include four aspects: the legislation related to the duty of high-speed railway passengers is not perfect,the punishment system for breach of duty is not perfect,the law enforcement means and strength of high-speed railway management departments are insufficient,and the consciousness of passengers to fulfill legal obligations is weak.The fourth part from the law,system,supervision and management,legal publicity and education of the four aspects of the improvement of high-speed railway passengers legal obligations to provide legal countermeasures.First of all,in the legal level,improve the basic legal system,refine the local legislative provisions,including establishing and improving the high-speed railway passenger legal obligation system and further standardize the high-speed railway passenger legal obligation local legislative provisions.Secondly,at the institutional level,we should perfect the punishment supporting system and refine the negative information disclosure norms,including perfecting the punishment supporting system,formulating punishment measures,strengthening the negative information disclosure and standardizing the "blacklist" system.The third is to enhance the awareness of law enforcement and supervision of high-speed railway management departments,improve the ability to fulfill responsibilities.Finally,in the legal publicity and education level,mainly to strengthen the compulsory publicity and education,improve moral quality.