Minors should enjoy discounts by taking public transportation

not

Unfortunately, for a long time

"Protection Law of the People's Republic of China"

The so -called "soft law" has not received full attention

When the lower method is conflicting with it

Maybe it's time to correct this abnormal phenomenon

Figure/Figure insect creativity

According to media reports, on August 29, a mother was asked to buy a ticket for the baby when she was holding a babies less than one year old at Zhanjiang Nanqiao Station in Guangdong, and the two sides argued. The incident subsequently caused heated discussions on the Internet. The staff of the station management Fang Zhanjiang Passenger Group said in an interview with the media that because the mother had 9 people to take 9 people to take the vehicle, according to relevant national regulations, they did not enjoy the child ticket -free policy.

Indeed, the "Opinions on Deepening Road Transport Price Reform" (hereinafter referred to as "Opinions"), which was issued by the Ministry of Transport and the National Development and Reform Commission on January 1, 2020 "Related content stipulates:

"Except for nine or below passenger cars, eligible children enjoy free ride or half -price preferential treatment. The specific conditions are: each adult passenger can carry one 6 years old (including 6 years old) ) Children who are free to take a seat without separate seats and do not occupy free seats. You need to occupy a separate number of seats or more than 1 person. Execute the semi -price preferential treatment and provide seats. "" If the number of children free of charge for free passenger cars shall not exceed 10 % of the number of passengers (the decimal bits). "

According to the "Opinions", the number of free passenger cars for nine people is 0.9, and the decimal position is 0, that is, it is not possible to enjoy the child ticket -free policy.

In addition to the number of nuclear people, the normative policies of the central and local governments are classified according to the age or height of children, and the preferential policies they enjoy are classified. For example, according to the "Shanghai Bus and Tram's Ride Rules" and "Shanghai Rail Transit Passenger Code", passengers can lead a child by a child with a height of 1.3 meters (including 1.3 meters); Buy tickets. In other words, a child with more than two adults can drive for free, and only one child can be free, and the rest of the children have to buy tickets.

In addition, according to the information released by the WeChat platform of the Shanghai Municipal People's Government News Office of the WeChat platform at the end of May 2019, when taking a train, an adult passenger can carry a child with a height of less than 1.2 meters; When a child is more than one, one child is free, and other children need to purchase a child ticket; if the child height is 1.2 to 1.5 meters, you need to buy a child ticket; if you exceed 1.5 meters, you need to buy a full -price ticket.

This is also the provisions of China's current "Railway Passenger Transportation Regulations" (Tieyun [1997] No. 101). In October last year, the State Railway Bureau plans to amend the regulations.

"Those who implement the real -name ticket system, children who are 6 years of age and are under 14 years of age can buy preferential tickets for children; children who are 14 years old should buy full -price tickets. Children at the age of 6 and do not occupy the seats alone; when more than a child, more than the number of people should purchase a child preferential ticket. " ; Children with a height of 1.5 meters should purchase full -price tickets. Each adult passenger holding a ticket can carry a child with a free height of 1.2 meters and does not occupy the seat alone. You should purchase a preferential ticket. "" When the children who enjoy the free ride by the above provisions occupy the seats alone, they should purchase a preferential ticket for children. "

In other words, in the "Railway Passenger Transportation Regulations (Draft for Opinions)", which publicly solicited from the public last year, is also classified based on children's age or height or whether to occupy a seat alone, whether to occupy the seats alone.

These relevant regulations for children's discounts on public transportation are not questionable. Because in accordance with Article 45 of the Protection Law of the People's Republic of China, "urban public transportation and highways, railways, waterways, aviation passenger transportation, etc. shall implement free or preferential fares on minors in accordance with relevant regulations." Article 47 stipulates: "No organization or individual may violate relevant regulations, restrict the care or discounts that minors should enjoy."

According to this provision, citizens under the age of 18 are minors. They should enjoy free or preferential fares by taking public transport. According to the system explanation, a logical inference should at least enjoy the preferential fare, and the minors who occupy the seats should enjoy the preferential fare, and the baby who does not occupy the seat is free to make a reasonable and legal.

Obviously, the aforementioned provisions based on the number of passengers, children's height, age, etc., there are many contrary to it.According to Article 88 of the Legislative Law of the People's Republic of China, the effectiveness of the law is higher than that of administrative regulations, local regulations, and rules, and it cannot conflict with the superior law. This is the basic principle of the country of rule of law.It is regrettable that the so -called "soft law" and other so -called "soft laws" such as the Protection Law of the People's Republic of China for a long time have not received full attention.Normally.

(Wang Shizhu is a practice lawyer)

Send 2022.9.12 Total Issue 1060 "China News Weekly" magazine

Magazine title: Minors should enjoy discounts when they take public transportation

Author: Wang Shizhu Wang Xiaoxia

Edit: Wang Xiaoxia

Operation editor: Wang Lin

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