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on the K1301 train from Beijing to Tianjin, the quasi college student Li Nan (the pseudonym) smelled the pungent smoke.

found that almost every car has a passenger smoking "Li Nan, the operator of the Harbin Railway Bureau to court, the defendant requested compensation for the purchase of 102.5 yuan, cancellation of the platform and the train in the smoking area, smoking is prohibited in the area of demolition, smoking, and compensation for mental damages 1 yuan.

this morning, the case was heard in the Beijing railway transport court. Li Nan party believes that even at the junction of the smoke, secondhand smoke also will affect passengers; and the Railway said that green cars are generally long idle, in dozens of hours of travel, smoking area is a kind of human nature of the management mode of passenger smokers.

full text 2007 words, reading about 4 minutes

"provided by the plaintiff in a train with smoking at evidence.

events:

of the quasi college student train smoking problem

6 month 9 days, Li Nan from the Beijing prospective college students take the K1301 train travel to Tianjin, after three days and return to Beijing bus.

she sat in an air-conditioned sleeper car speed. "The car found the air in the car was very bad, although the passengers were smoking in the smoking area, but the whole car was smoky." Li Nan said that there were smoking areas on the round-trip trains, the smokers had passengers and the train staff, and the scene was not dissuaded. There are also a large number of people smoking on the Beijing Railway Station, the TianJin Railway Station and the platform.

Li Nan believes that she was riding in safety on the train, "stated a ban on smoking in all parts of the train", but the car has also set up smoking areas and placed Yanju (ashtray, ashtray), this practice is not reasonable.

After

finished her journey, she reflected the above problems with the Department of Transport Supervision and management of the national railway administration. The other party replied that the state railway administration did not have the responsibilities related to the health supervision and management, and had reflected the situation to the relevant departments of the China Railway General Corporation.

Li also complained to Beijing and Tianjin Municipal Health Planning Commission. Two unit replies, smoking in train carriages and platform are not in the scope of supervision and acceptance. It is suggested to reflect the situation to the railway department.

"we also reflected this problem to the railway corporation." Li Nan's acting lawyer said in an interview today, but it has not yet given a clear answer.

complained to no avail, Li Nan to dispute the railway passenger transportation contract, the Harbin Railway Bureau to court.

plaintiff:

"setting up smoking zone worsening environment"

"on the platform, the train set in the smoking area, placing smoking, riding environment, reduce the deterioration of the quality of service, passengers against the physical and mental health". Li Nan thought that he had been exposed to second-hand smoke and three hand smoke all the way, and could not be evade. The smoke and the smell of smoke permeated into the train and decoration and decoration made her physically and mentally damaged.

trial today, Li Nan is preparing for the examination failed to attend. The attorney mentioned that smoking on the train violated the Beijing Smoking Control Ordinance and the smoking control ordinance of Tianjin when the train K1301 was traveling in Beijing and Tianjin area. According to the regulations on public health administration, it is illegal for train to leave Beijing and Tianjin to smoke on the train. The railway department is obliged to stop it.

The harmful health of

tobacco smoke has become common sense. There are minors among passengers. According to the law of the protection of minors, no one is allowed to smoke and drink in primary and secondary schools, kindergartens, nursery schools, dormitories, activities rooms and other places where juveniles are concentrated. Smoking in the train infringes on the rights and interests of the minor passengers.

also allows, encourages smoking, provides convenience for smoking and infringes on the rights and interests of consumers. The seventh provision of the law on the protection of consumers' rights and interests stipulates: "consumers have the right to be free from personal injury and property safety when they purchase, use commodities and receive services. The consumer has the right to demand the goods and services provided by the operator, which meets the requirements of ensuring the safety of the person and property. "

According to

, the plaintiff requested the defendant to compensate the purchase of 102.5 yuan, 3000 yuan of attorney fees; mental damages 1 yuan; cancel the K1301 train in the smoking area, removal of smoking, and prohibit smoking in the train; an apology.

defendant:

"long run time to solve the needs of smokers"

Harbin Railway Bureau (now renamed the China Railway Harbin Bureau Group Co., Ltd.) said that the railway company set up smoking area at the junction of universal train carriages, which does not violate the law, and infringements must have specific consequences.


From: “禁烟诉讼第一案”开庭 绿皮车设吸烟区有错吗?
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