released November 6, 2020
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A safety partition is installed on a bus in Guangzhou, Guangdong province. [Photo/VCG]
A guide on punishing those jeopardizing public transportation safety was issued recently by the top judicial, procuratorate and public security authorities to better safeguard the public transportation safety and order.
Cases endangering public safety have drawn strong attention, especially after a fight between a bus driver and an angry passenger caused a Chongqing bus to plunge into Yangtze River, leaving 15 people dead in October.
The Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security analyzed the number of cases that endangered safe driving, the charges, the punishments, the causes and consequences in recent years and drafted the guideline.
According to the guide, passengers who grab devices such as steering wheel or gear shift lever, and conduct actions that hamper safe driving such as beating or dragging drivers should be punished for crime of endangering public security with dangerous method. The passengers should not be granted probation even if the actions did not result in grave consequences. If passengers attack drivers with instruments, they should be given severe punishment.
For drivers who are unable to resolve disputes with passengers in a sensible way and leave their post to clash with passengers, they should be punished for crime of endangering public security with dangerous method.
In order to encourage public transportation staff members and passengers to stand up against criminal offenses and stop actions that could cause serious consequences, the guide lays down regulations on justifiable defense and emergency measure.
The guide states that passengers have the right to stop actions that threaten safe driving. If passengers hurt the violator during the process, and the process meets legal condition, it should be considered as justifiable defense.
Drivers who face threatening situation and carry out emergency braking or other measures to prevent accident or injury and that results in damage of public transportation or injury, it would be considered as emergency measure if the process meets legal parameters.
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