标题: provides that "the people' [打印本页] 作者: ijm71o77et5 时间: 2014-12-27 03:44 标题: provides that "the people'
□ chief reporter Liu Zhong
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Free of charge to employees and their families but had attracted public outcry and then exposed the Shenzhen Metro News. In August, when Beijing Liao two disabled in Shenzhen For free subway, because not a local but refused, and was to disrupt the order to the police. After the two countries and to have free use of the provisions on the grounds of Guangdong, Shenzhen Metro sued, demanded an apology, compensation. October 12, Futian District Court hearing the case.
A plaintiff with disabilities to the reporter that in recent years, the disabled welfare system in the form of fixed laws, many institutions and companies also flatly "Care of Persons with Disabilities," and by the case, the implementation of the disability benefits system sincere or insincere perhaps evident.
Disabled rejected two field free of charge
August 11 is the country's first "Disabled People Day", the theme is "happy to remove the obstacles navigate."
"How happy are not up." Liaoning Fushun left leg three disabled people Luan Kai calm left-sided paralysis of Beijing people with disabilities, said Li Jun, August 9, they encountered obstacles in Shenzhen, "Shenzhen Metro can employees and their families free of charge, who caused a sensation in the country, why we can not meet the requirements of a lawful and reasonable "
15:30 the same day, they came to the Museum subway station, wanted to take the subway to Lo Wu Station to buy tickets. When they come up with their disability card when you want a free ride the subway, but was stopped by security personnel. They wondered: "Protection of Disabled Persons" (hereinafter "Security Act") provides that "the people's governments above the county level for people with disabilities by public transport, convenience and benefits should be given according to the actual situation ......" several days in Shenzhen They also know that the "Guangdong Province to help people with disabilities" (hereinafter referred to as "Guangdong Measures") in the states: the blind and severe (a) physically disabled people with disabled card for free public transport in the city by city; others with disabilities With disabled card can enjoy free or preferential payment halved. They understand that other people with disabilities "may" free, meaning that this option has been given the right to own a free ride.
Negotiations, the reason given by the Metro staff is very simple: Shenzhen and subway company has provided only with the "Shenzhen hukou" people with disabilities can ride free. Luan Kai Jun calm the Corporation believes the practice is wrong, repeatedly stated the relevant provisions of the "Guangdong approach", adding that there is no geographical restrictions and regulations.
They said that after the Metro staff with "disturbing public order" as an excuse to the police. Police came to the scene of the two warned.
Negotiations were to 8:30 that night, two with walking disabilities really can not stick to stand before buying a subway ticket at full price return residence, during which a total of more than five hours detention.
The Corporation engaged in the prosecution of discrimination
Legal advice provided by nonprofits understand duo Shenzhen equitable institutions, party and all levels of government are highly concerned about people with disabilities to travel in recent years, the introduction of a number of laws and regulations to protect people with disabilities a free, preferential use of public transportation. In particular, June 30, 2010, the Guangdong Provincial Office of Legislative Affairs had specifically pointed reply: "Where the hold" People's Republic of China Disabled Permit "persons with disabilities throughout the province by city public transport in the city, regardless of household in where, can press the "Guangdong Rules" enjoy free or halving payment treatment. "
August 11, they complained to the Shenzhen Municipal Transportation Committee. August 18,woolrich outlet, the Futian district court in Shenzhen City Metro Group Limited Operations Branch, requesting an order MTRC apology, returned two subway ticket six yuan, compensation for mental damages of 4 million.
They said in the complaint, the Shenzhen Metro to implement non-discrimination on the Shenzhen permanent disabilities, is a non-Shenzhen residence outright discrimination of people with disabilities, not only contrary to the laws and regulations, but also a serious violation of their human dignity and equal rights a serious violation of their right to obtain concessionary law, in addition to causing economic losses, they can also cause serious mental damage.
According to the 2006 results of the Second National Sample Survey on Disability, the number of people with disabilities in China has reached 8296 million, accounting for 6.34% of the total population. Moreover, every year because of drug disability, illness disability, accident disability, disaster crippled rate has been increasing.
Local deputies behind two plaintiffs
After the Shenzhen Municipal People's Congress Zhu Tong heard about this, very sympathetic to the two encounters, the Shenzhen Municipal Transportation Commission inquiry, called for a solution. Exchange Commission will soon give replies: "According to the provisions of Deep House Document No. 200792, in the field of persons with disabilities does not meet the provisions of the subway for free, you can not directly deal with the matter,spaccio peuterey, the relevant issue is resolved, please find the Civil Administration." The answer to the Municipal Transportation , Zhu Tong expressed regret: "I am satisfied with the reply and I look forward to the Shenzhen Metro deeply regret to give two non-Shenzhen permanent disabilities a satisfactory answer,air max pas cher, but also give people with a disability and disability Shenzhen friend of a country! satisfactory answer! "
Zhu Tong soon petitioned the Shenzhen Municipal People's Congress, expressed the hope that the Shenzhen Metro Company to the public interest as the basis,woolrich online, to support public welfare, to promote sustainable development of enterprises harmonious development of society, in order to create a harmonious society should contribute to the force.
Soon, Zhu Tong received a reply Shenzhen Transportation Committee. Reply to confirm:
April 2007 "issued by the Shenzhen Municipal People's Government on concessions by bus (subway) notice" Article II "city residence of the disabled with the" Disabled free travel card "free ride public transport buses, public minibus and subway; blind regardless household can take the bus for free bus,hogan outlet milano, public light buses and subway in. " March 2007 introduced the "Guangdong approach" Article and Article XVIII: whether household where, "blind and severe (a) physically disabled people with disabled card for free public transport in the city by city; other persons with disability card can enjoy free or preferential payment by half, "so," "Notice" exist and "Guangdong approach" is not consistent with the place. "
Reply, said the ongoing revision of Shenzhen on concessions by bus (MTR) of the notice.
Reply and said that the municipal government to reflect on the care of non-city residence with disabilities, and to facilitate the implementation of the Shenzhen Municipal Transportation recommendations to the government on non-city residence of persons with disabilities, with the "People's Republic of China Disabled Permit", all free by bus and subway. At the same time that the final revision of the results to be approved by the municipal government.
The Corporation does not apologize but change "Shipping"
However,moncler outlet, the deputies involved, the Shenzhen Municipal Transportation's reply, did not promote the original defendant, the two sides reached a settlement out of court.
October 12, Futian District Court hearing the case. The focus of the trial focused on whether only local accounts disabled Shenzhen can free ride the subway. The two sides for the "Security Act", "Guangdong" and other provisions of the same section have different understanding.
Shenzhen Metro square reply that, according to "Security Act" and the "Guangdong approach", Luan Kai Ping duo are given according to the actual situation convenience and benefits, and does not belong to personnel must be free of charge, at the same time,hogan milano, according to the "Shenzhen Disabled help approach" and Shenzhen about the approval of the Municipality, only local hukou can free ride Shenzhen Metro.
On the plaintiff cited the Legislative Affairs Office of Guangdong Province specifically related to the content of the reply, subway party, said the document is aimed at the government, not business. Metro side also said that the Shenzhen Metro is the main market, of course, include the legal right to operate whether and how to give people with preferential rights.
Metro believes that there is no fault of their own, infringe any personality rights of the two acts do not exist, they require an apology, compensation for moral damages without any basis. They even have any physical injuries,Chaussures louboutin Pas Cher, but also self-inflicted, without any relationship with the subway party. Subway party also believes that the passenger contract was valid, the Shenzhen Metro has fulfilled obligations transported flat duo Kai Luan, subway ticket costs should not be returned.
Metro side revealed in court,woolrich parka outlet, the Corporation adopted a temporary expansion of the current free range - all persons with disabilities are now able to enjoy a free ride subway treatment, indicating that the Shenzhen Metro Company and the plaintiff reached a consensus on some of the ideas. But said the idea of implementing these principles to every business, department, or to find specific legal rules.
Heart interests and discrimination at play
Sustained multiple rounds of debate, during which the plaintiff attorney in court enumerated according to two people being discriminated against -
Based on "Guangdong Rules", for people with disabilities should be, regardless of residence, blind and severe (a) the rights of persons with disabilities are entitled to free use of local public transport, and other people with disabilities the same household are not entitled to free or reduced by half minute payment right,tn requin pas cher, the article clearly stipulates enjoy free or preferential halved rights of persons with disabilities and regulations of the "may" should be understood as "enjoyment of the rights of persons with disabilities" rather than understood as "Enterprises can no preferential rights." Meanwhile,giubbotti peuterey outlet, the "Guangdong approach" is not limited to residence, defendant implemented according to different household and enjoy the benefits of different provisions, apparently by a thought came to enjoy the service, is a typical household discrimination.
Furthermore, according to regulations, "Shenzhen Disabled help approach" and "Guangdong approach" when there are differences, should apply the provisions of Guangdong Province.
In addition, in June this year, the Guangdong Provincial Legal Office for the explicit requirements of similar incidents Reply: Where do you want to hold "Disabled People's Republic of China card" of people with disabilities throughout the Guangdong city by city public transport, Regardless of where the household registration, can enjoy free or halving required to pay benefits. Plaintiffs' lawyers believe that this provides clear how to dispose of household and treated differently because of different problems, saying, subway parties ignore this request reply, saying that the subway is the enterprise does not need to comply with this document, in fact, exculpatory, is Heart interests and discrimination at play. "For a company established by the taxpayers' money together to provide public services state-owned enterprises should strictly abide by the law, can not be artificially created unequal treatment, any differential treatment based on grounds of unfair behavior, is a kind of discrimination."
Care for people with disabilities is not just a slogan
Insiders said that after the end of the trial, the trial judge presided over the out of court settlement attempt. It is reported that, if mediation fails, the court will choose a sentencing date.
Yesterday, one of the plaintiffs Luan Kai Ping told reporters after the incident, one of their ideas is through litigation, to verify the implementation status of the welfare of persons with disabilities.
He said that in recent years, the disabled welfare system in the form of fixed laws and regulations, many units and enterprises are also flatly "Care of Persons with Disabilities," and by the case, the disability benefits system is implemented in a sincere or insincere maybe seen .
Beijing famous LiFangPing pro bono lawyers,giuseppe zanotti pas cher, well-known anti-discrimination public service who, Chinese University of Hong Kong Civil Society Center Visiting Fellow Army invariably think: Shenzhen Metro does not give free or discounted travel overseas with disabilities, is a typical household discrimination. Fortunately, Shenzhen transportation administration department after questions were raised, active against the old policy to adjust and improve, I hope the Shenzhen Metro is also able to respond to an exemplary acts of the executive departments,piumini woolrich, and actively assume their statutory responsibilities.
Zhengzhou
Rules have not yet developed the subway ride
It is reported that, "Zhengzhou City Public Traffic Ordinance" since March 1, 2009 came into force. Regulations: "the elderly,outlet peuterey, children, students, people with disabilities in accordance with the provisions of a free ride or enjoy preferential treatment to specific measures car Municipal People's Government will be forthcoming.." Yesterday, reporters call the customer service phone 63,881,333 Zhengzhou bus, staff reply at present, disabled veterans and the blind ride free, whether other people with disabilities and people with disabilities free field,woolrich outlet, has not yet received notification, if the notification will be strictly enforced.
Zhengzhou City Rail Transit Co., a person in an interview on the Shenzhen Metro's case did not make an assessment, "Zhengzhou Metro is still under construction, not yet reached the stage of the development by the rules then, of persons with disabilities to ride, there will be special measures to consider. " (Photo courtesy of Guo Bin)
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