A guide on punishing those jeopardizing¹ public transportation safety was issued recently by the top judicial², procuratorate and public security authorities.

 

最近，最高法院、检察院和公安部联合发布了危害公共交通安全惩罚指南。

 

Cases endangering public safety have drawn³ strong attention, especially after a fight between a bus driver and an angry passenger caused a Chongqing bus to plunge⁴ into Yangtze River, leaving 15 people dead in October.

 

The Supreme⁵ People's Court, the Supreme People's Procuratorate, the Ministry⁶ of Public Security analyzed⁷ 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 steering⁸ wheel or gear shift lever, and conduct actions that hamper⁹ 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 probation¹⁰ 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 offenses¹¹ and stop actions that could cause serious consequences, the guide lays down regulations on justifiable¹² defense¹³ 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 parameters¹⁴.

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