On January 4, the Red Star News reporter learned that the recent progress in the case of lawyer Yin Qingli of Beijing Fuli Law firm suing Zhengzhou East Station of China Railway Zhengzhou Bureau Group Co., Ltd.(hereinafter referred to as \"Zhengzhou East Station \") for smoking room has been made.
According to red star news reports, yin qingli said that on may 30 last year, he was in zhengzhou east station transfer, found the station's second floor hall southeast, northeast, southwest, northwest four corners of the smoking room,\" smoke near the smoking room, if non-smoking passengers pass by will produce discomfort.\"
Yin Qingli believes that Zhengzhou East Station did not provide corresponding services to ensure the personal health and safety of passengers, and set up smoking rooms in violation of the implementation rules of the regulations on health management of public places effective from May 1,2011. Therefore, Yin Qingli took Zhengzhou East Station to court, requesting the court to order Zhengzhou East Station to cancel four smoking rooms according to law, and to remove the smoking utensils and intelligent induction cigarette lighters in the smoking room.
Zhengzhou east station believes that the plaintiff yin qingli in order to promote their own popularity, promote their own case, the suspicion of malicious litigation; zhengzhou east station, smoking room in full compliance with the law,\" has the practical necessity and rationality, not only to meet the needs of smokers, but also to protect the personal health of non-smoking passengers.\"
The Zhengzhou Railway Transportation Court held that the plaintiff Yin Qingli's claim that the act of setting up a smoking room at Zhengzhou East Station violated the obligation from the contract, reduced the air quality of the waiting hall, had no factual basis and legal basis, and did not support the claim.
The contents of the judgment obtained by the red star journalists show that the zhengzhou railway transportation court holds that, according to the law, railway transport enterprises should undertake the obligation to provide good travel environment and service for passengers in addition to the obligation of safe and timely transportation.
As for the plaintiff Yin Qingli's claim that the defendant's behavior of setting up a smoking room at Zhengzhou East Station violated the relevant obligations and failed to provide him with a good waiting environment, the Zhengzhou Railway Transport Court held that the \"Regulations on the Prohibition of Smoking in Public Transport and its Waiting Rooms \"(No.1), issued by the six departments, such as the National Association of Health, the former Ministry of Health and the former Ministry of Railways, stipulated in Article 4 that\" the operation or management unit of the smoking banning place shall perform the following duties:(3) the waiting room for passengers and the public transport means for a longer period of operation, the designated smoking area or the smoking room with a ventilator \". Article 4, paragraph 1 of the Rules on the Prohibition of Smoking in Public Transport and its Waiting Rooms (No.67), issued by the former Ministry of Railways, stipulates that \"All stations of the first class or large scale of construction shall have a smoking room at the appropriate location, and the smoking place shall have a good ventilation or installation of a ventilator in order to reduce the harm of smoking.\" Article 8 of the Regulations of Zhengzhou Municipality on the Prohibition of Smoking in Public Places (effective as of September 1,1998) stipulates that \"the waiting rooms of railway stations, long-distance bus stations, airports and cinemas, gymnasiums and large-scale shopping malls shall be provided with smoking rooms (districts) marked with obvious signs.\"
“In accordance with the above-mentioned departmental regulations and local regulations, Zhengzhou East Station has put up prominent anti-smoking signs in the non-smoking area of the waiting hall, and a smoking room in the four corners of the hall located in the non-passenger's main passageway, which is equipped with smoke appliances, intelligent cigarette lighters and smoke exhaust equipment. Zhengzhou railway transportation court held that the plaintiff Yin Qingli argued that the act of setting up a smoking room at Zhengzhou East Station violated the contract obligations, reduced the air quality of the waiting hall, had no factual and legal basis, and did not support the claim.
“Zhengzhou East Station should make full use of modern technical means to further strengthen the management of the smoking room and avoid the spread of smoke from the smoking room into the public area of the waiting hall."
In response to Yin Qingli's claim to cancel four smoking rooms and remove smoking equipment in the waiting hall of Zhengzhou East Station, the Zhengzhou Railway Transport Court held that the behavior of Zhengzhou East Station in setting up smoking rooms in the waiting hall did not violate the provisions of the current laws and local regulations, and Zhengzhou East Station adopted certain management measures to prevent the spread of smoke and did not cause harm to the health of Yin Qingli, so the claim was not supported.
According to the judgment, the Zhengzhou Railway Transport Court also noted that smoking prohibition in public places is a social code of conduct that the public should abide by, and that smokers'behavior of smoking in public places should be limited to a certain extent.
“In this case, although some measures have been taken to regulate the smoking room at Zhengzhou East Station, the smoke produced by smokers smoking in the smoking room may spread to other public areas of the waiting hall, which will have an impact on the waiting environment and thus harm the health of the waiting personnel. The Zhengzhou Railway Transport Court said that therefore, Zhengzhou East Station should make full use of modern technical means to further strengthen the management of smoking rooms, avoid the spread of smoke in the waiting hall public area, constantly improve the quality of passenger waiting service in the station, and provide passengers with a good travel environment and services.
On january 4th yin qingli told reporters that he had appealed against the result of a first-instance ruling by the zhengzhou railway transport court rejecting his claim.
Yin Qingli said that the court of first instance had cited three documents to explain them, including the \"Regulations on the Prohibition of Smoking in Public Transport and its Waiting Rooms\" issued by the National Council of Health, the former Ministry of Health and the former Ministry of Railways, the \"Regulations on the Prohibition of Smoking in Public Places in Zhengzhou Municipality \"(effective from 1 September 1998), and the\" Rules for the Implementation of the Regulations on the Prohibition of Smoking in Public Transport and its Waiting Rooms \"issued by the Ministry of Railways (No.67), and the\" Regulations on the Prohibition of Smoking in Public Places in Zhengzhou Municipality \"(effective from 1 September 1998).
“The court of first instance, on the basis of the application of the law, has listed regulations, local regulations and other basis, are more than 20 years ago documents (1997,1998). However, the Rules for the Implementation of the Regulations on the Administration of Health in Public Places, which began on May 1,2011, clearly stipulate that smoking is prohibited in indoor public places." Yin Ching-li challenged that the documents were already not applicable because of new provisions in the Rules for the Implementation of the Public Places Health Regulations." Why did the court not invoke the Rules for the Implementation of the Public Places Health Regulations? In the application of the law, why ignore the new national, regulations, deliberate application of more than 20 years ago has long been obsolete, gas, repeal of the provisions?"
In addition, yin qingli also said that the court of first instance thought that the establishment of smoking room may have an impact on the health of other waiting personnel, demanded that zhengzhou east station to strengthen management, while also arguing that the plaintiff's claim for lack of factual basis, the two are contradictory.
On january 4, the head of zhengzhou east station told red star reporters that respect for the court's decision, the plaintiff yin qingli appeal is his right,\" we will also actively respond.\"