The Public Security Administration Penalty Law undermines railway construction

The laws of the country are for the people, and the people break the railway illegally, so the electromagnetic interference of the train interferes with the normal life of the people in the nearby residences, and how can the people find fairness?

The contents of the Public Security Administration Punishment Law on railways mainly include the following two articles:

Article 35: Those who commit any of the following acts are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB

1) Stealing, damaging or moving railway facilities, equipment, rolling stock accessories or safety signs without authorization;

2) Placing obstacles on railway lines, or intentionally throwing objects at trains;

3) Digging pits and quarrying stones and sand at railway lines, bridges, and culverts;

4) Privately setting up crossings or level crossings on railway lines.

Article 36 Anyone who enters the railway protection network without authorization or walks, sits or lies on the railway line when the train is coming, or rushes over the railway, affecting the safety of driving, shall be given a warning or a fine of not more than 200 yuan.

In addition, sabotage of railway construction is suspected of the crime of sabotaging production and operation as provided for in Article 276 of the Criminal Law, and shall be investigated for criminal responsibility. The specific provisions are as follows:

Anyone who destroys machinery and equipment, mutilates farm animals, or destroys production and operation by other means due to anger and revenge or other personal purposes, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release; where the circumstances are serious, the sentence is between three and seven years imprisonment.

The sabotage of railway construction is suspected of the crime of sabotaging production and operation as provided for in article 276 of the Criminal Law, and shall be investigated for criminal responsibility.

Legal information: [Crime of sabotaging production and operation] Whoever destroys machinery and equipment, mutilates farm animals, or destroys production and operation by other means due to revenge or other personal purposes, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release; where the circumstances are serious, the sentence is between three and seven years imprisonment.

Article 35 of the Law of the People's Republic of China on Public Security Administration Punishments provides that a person who commits any of the following acts shall be detained for not less than 5 days but not more than 10 days, and may also be fined up to 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB

1) Stealing, damaging or moving railway facilities, equipment, rolling stock accessories or safety signs without authorization;

2) Placing obstacles on railway lines, or intentionally throwing objects at trains;

3) Digging pits and quarrying stones and sand at railway lines, bridges, and culverts;

4) Privately setting up crossings or level crossings on railway lines.

Article 36 Anyone who enters the railway protection network without authorization or walks, sits or lies on the railway line when the train is coming, or rushes over the railway, affecting the safety of driving, shall be given a warning or a fine of not more than 200 yuan.

Data expansion: 2021 New Public Security Administration Punishment Law: If it disrupts public order, obstructs public safety, infringes on personal rights and property rights, obstructs social management, and is harmful to society, and constitutes a crime in accordance with the provisions of the Criminal Law of the People's Republic of China, criminal responsibility shall be investigated in accordance with law; where it is not sufficient for criminal punishment, the public security organs are to give public security administrative sanctions in accordance with this Law.

The provisions of this Law apply to the procedures for public security administrative punishments; Where there are no provisions in this Law, apply the relevant provisions of the "Administrative Punishment Law of the People's Republic of China". This Law shall apply to violations of the administration of public security that occur within the territory of the People's Republic of China, except as otherwise provided by law. This Law shall apply to violations of the administration of public security on board ships and aircraft of the People's Republic of China, except as otherwise provided by law.

Public security administrative punishments must be based on facts and be commensurate with the nature, circumstances, and degree of harm to society of the violation of public security administration. The implementation of public security administrative punishments shall be open and fair, respect and protect human rights, and protect citizens' personal dignity. The handling of public security cases shall adhere to the principle of combining education and punishment.

The people at all levels shall strengthen the comprehensive management of social security, adopt effective measures to resolve social contradictions, enhance social harmony, and maintain social stability. The public security department is responsible for the administration of public order throughout the country. Local people's public security organs at or above the county level are responsible for the administration of public security within their respective administrative regions.

The jurisdiction of public security cases shall be prescribed by the public security department. Where conduct violating the administration of public security causes harm to others, the perpetrator or his guardian shall bear civil liability in accordance with law.

Legal analysis: Those who commit any of the following acts are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB: (1) Stealing, damaging, or moving railway facilities, equipment, rolling stock accessories, or safety signs without authorization:

2) Placing obstacles on railway lines, or intentionally throwing objects at trains: (3) digging pits or quarrying stones and sand at railway lines, bridges, or culverts; (4) Privately setting up road 13 or level crossing on the railway line.

Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 35: Those who commit any of the following acts are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB

1) Stealing, damaging or moving railway facilities, equipment, rolling stock accessories or safety signs without authorization;

2) Placing obstacles on railway lines, or intentionally throwing objects at trains;

3) Digging pits and quarrying stones and sand at railway lines, bridges, and culverts;

4) Privately setting up crossings or level crossings on railway lines.

Article 36 Anyone who enters the railway protection network without authorization or walks, sits or lies on the railway line when the train is coming, or rushes over the railway, affecting the safety of driving, shall be given a warning or a fine of not more than 200 yuan.

Legal analysis: First, theft, damage or unauthorized movement of railway facilities, equipment, rolling stock accessories or safety signs. The second is to place obstacles on the railway line, or deliberately throw objects at the train.

The third is to dig pits and quarry sand at railway lines, bridges, and culverts. The fourth is to set up private crossings or level crossings on railway lines. Those who commit the above four acts that impede the safety of railway facilities are to be detained for not less than 5 days but not more than 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB

Legal basis: Law of the People's Republic of China on Public Security Administration Punishments

Article 35: Those who commit any of the following acts are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB: (1) stealing, damaging, or moving railway facilities, equipment, rolling stock accessories, or safety signs without authorization; 2) Placing obstacles on railway lines, or intentionally throwing objects at trains; 3) Digging pits and quarrying stones and sand at railway lines, bridges, and culverts; 4) Privately setting up crossings or level crossings on railway lines.

Article 36 Anyone who enters the railway protective net without authorization or walks, sits or lies on the railway line when the train is coming, or rushes over the railway, affecting the safety of the train, shall be given a warning or a fine of not more than 200 yuan.

In practice, when the train passes through some urban roads in the urban area, some pedestrians pretend to be old and enter the railway protection network without authorization for convenience, or when the train comes, it is not uncommon for them to walk on the railway line and sit and lie down, and rush to cross the railway. On the one hand, these behaviors will endanger public safety, including the life, health and property safety of people on the train, as well as the life, health and property safety of people on the road; On the other hand, it will endanger the order of the train, that is, affect the safety of the train and arrive at the destination on time. Therefore, in order to ensure the safety of train driving, avoid the occurrence of train accidents, and prevent citizens' personal rights from suffering unnecessary losses, the Public Security Administration Punishment Law clearly stipulates public security administrative penalties for acts that impede railway driving safety.

According to the provisions of Article 36 of the Law on Public Security Administration Punishments, anyone who enters the railway protective network without authorization or walks, sits or lies on the railway line when the train is coming, or rushes over the railway, affecting the safety of the train, shall be given a warning or a fine of not more than 200 yuan. According to the relevant regulations, the railway protective network is forbidden to non-staff members. Unauthorized entry into the railway protective network refers to the perpetrator's entry into the railway protective network without the permission of the railway staff for personal convenience.

Regardless of whether the perpetrator is intentional or negligent in subjectively affecting the safety of the train, such behavior has a serious impact on the safety of the train and must be punished. When the train arrives, the bridge ruler rushes over the railway, which affects the safety of the train, is the most common type of endangering the safety of the train, and many train traffic accidents occur as a result. Therefore, it should also be punished in accordance with the law.

For the above-mentioned behaviors that endanger the safety of train driving, in practice, the handling should be based on the principle of combining education and punishment, and from the perspective of resolving social contradictions, distinguish different situations and punish them accordingly.

Legal basis. Article 56 of the Regulations on the Administration of Railway Safety.

Lawyer's analysis: Those who commit any of the following acts are to be detained for between 5 and 10 days, and may be fined up to 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB: (1) Stealing, damaging, or moving railway facilities, equipment, rolling stock accessories, or safety signs without authorization:

2) Placing obstacles on railway lines, or intentionally throwing objects at trains: (3) digging pits, quarrying stones and extracting sand at railway lines, bridges, or culverts; (4) Privately setting up road 13 or level crossing on the railway line.

Legal basis.

Law of the People's Republic of China on Public Security Administration Punishments》 Article 35: Those who commit any of the following acts are to be detained for between 5 and 10 days, and may be fined up to 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB

1) Stealing, damaging or moving railway facilities, equipment, rolling stock accessories or safety signs without authorization;

2) Placing obstacles on railway lines, or intentionally throwing objects at trains;

3) Digging pits and quarrying stones and sand at railway lines, bridges, and culverts;

4) Privately setting up crossings or level crossings on railway lines.

Article 36 Anyone who enters the railway protection network without authorization or walks, sits or lies on the railway line when the train is coming, or rushes over the railway, affecting the safety of driving, shall be given a warning or a fine of not more than 200 yuan.

The sabotage of railway transportation facilities does not constitute a crime alone and is handled as the crime of sabotage of transportation facilities.

The sabotage of the closed railway network is the crime of sabotage of transportation facilities. The object of the crime of destroying transportation facilities is transportation safety, and the object of destruction is the transportation equipment that is directly related to transportation safety in use, and the subjective aspect is manifested as intentionality, including direct intention and indirect intention.

The sentencing standards for the crime of sabotage of transportation facilities are as follows:

1. Where the destruction of transportation equipment has not caused serious consequences, a sentence of between three and ten years imprisonment is to be given;

2. Whoever destroys transportation equipment and causes serious consequences shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

We hope you find the above helpful, and if you have any further questions, please consult a professional lawyer.

Legal basis]: Article 117 of the Criminal Law of the People's Republic of China.

Crime of sabotage of transportation facilities] Whoever destroys tracks, bridges, tunnels, highways, airports, waterways, lighthouses, signs, or carries out other sabotage activities sufficient to cause the danger of overturning or destroying trains, automobiles, trams, ships, or air core air nursers, but has not yet caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

Article 119.

Crime of sabotage of means of transportation] [Crime of sabotage of transportation facilities] [Crime of sabotage of electrical equipment] [Crime of sabotage of inflammable and explosive equipment] Whoever destroys means of transportation, transportation facilities, electrical equipment, gas equipment, or flammable or explosive equipment, causing serious consequences, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.

Crime of negligent damage to means of transportation] [Crime of negligent damage to transportation facilities] [Crime of negligent damage to electrical equipment] [Crime of negligent damage to inflammable and explosive equipment] Whoever negligently commits the crime of Duan's in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where the circumstances are more minor, a sentence of up to three years imprisonment or short-term detention is to be given.

The Public Security Punishment Law clearly stipulates the punishment for the following four acts that impede the safety of railway facilities:

First, stealing, damaging or moving railway facilities, equipment, rolling stock accessories or safety signs without authorization.

The second is to place obstacles on the railway line, or deliberately throw objects at the train.

The third is to dig pits and quarry stones and sand at railway lines, bridges, and culverts.

The fourth is to set up private crossings or level crossings on railway lines.

Those who commit the above four acts that impede the safety of railway facilities are to be detained for not less than 5 days but not more than 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB

1. How to punish the crime of theft in the Public Security Punishment Law.

Article 49 of the Public Security Administration Punishment Law stipulates that anyone who steals, defrauds, robs, snatches, extorts or intentionally damages public or private property shall be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 500 yuan; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.

2. How to deal with urban management beatings.

Urban management staff may file an administrative lawsuit with the court for beating people. According to the provisions of the Administrative Litigation Law, urban management staff are staff of administrative organs, and if the staff of administrative organs illegally enforce the law, the parties may file an administrative lawsuit. According to Article 26 of the "Public Security Administration Punishment Law", anyone who commits any of the following acts shall be detained for not less than 5 days but not more than 10 days, and may also be fined up to 500 yuan; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.

1) Gang fighting; (2) Chasing or intercepting others; (3) Forcibly taking or arbitrarily destroying or occupying public or private property; (4) Other acts of picking quarrels and provoking trouble. Article 43 stipulates that whoever assaults another person or intentionally injures another person shall be detained for not less than 5 days but not more than 10 days and shall also be fined not less than 200 yuan but not more than 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB

According to Article 36 of the Law on Public Security Administration Punishments, anyone who enters the railway protective network without authorization or walks, sits and lies on the railway line when the train is coming, or crosses the railway, affecting the safety of the train, shall be given a warning or a fine of not more than 200 yuan.