Research On Legal Issues Of Quiet Carriage Of High-speed Railway

The high-speed railway in China has entered the stage of rapid development,moreover,transportation based on high-speed railway has also become the crucial way of passenger transportation in the context of constructing country with powerful transportation network.The public expects that China’s high-speed rail can provide better services to meet the growing personalized and differentiated needs of the people.Currently,there is the higher and higher appealing of high-speed rail passengers for a quiet and comfortable environment and experience,so they have great expectation for the high-speed rail network to offer more refined quiet services accordingly.In recent years,more and more disputes led by excessive unnecessary noise have occurred inside the carriage and even passengers abuse and fight each other.Once such disputes are upgraded to conflicts among passengers,they will further ruin the order of the carriage.Meanwhile,the service quality and assessment on the high-speed railway in China are seriously affected,the in-depth development for modernization of high-speed railway is limited to some extent.With the purpose of creating a quiet and closed carriage atmosphere and echoing to the quiet expectation from passengers,the relevant department of high-speed railway promoted and released pilot of quiet carriage on December 24,2020.Now China’s high-speed railway quiet carriage is being piloted.However,there are urgent questions to be answered,such as whether the quiet carriage should be established,what is the legal nature of the quiet clause,whether the quiet standard is perfect,and whether the quiet carriage has the possibility of infringing civil rights and freedoms.In such background,the problems confronted by the running of quiet carriage of high-speed railway,as well as the relevant factors are taken as the research subjects,then the relevant countermeasures used to improve the quiet carriage of high-speed railway are also proposed.The paper is mainly divided into four parts.In the first part,it is about overview of the quiet carriage of high-speed railway.The concept and features of the quiet carriage of high-speed railway are defined by relying on literature research.The quiet carriage of high-speed railway which is born recently must be further defined in terms of its concept.Afterwards,the unique features of quiet carriage of high-speed railway are analyzed in accordance with the differences between quiet carriage and ordinary carriage,which further contains: all-round quietness,independent selection of quietness,strict restraint and contractual.Except that,it expounds the significance for setting up quiet carriage of high-speed railway,as well as introduces the status quo for the application of such quiet carriage.The second part is about the problems confronted in the running of the quiet carriage of high-speed railway.The major problems confronted by the quiet carriage of high-speed railway are analyzed and pointed out by relying on literature research method and interdisciplinary research method which are respectively: the establishment of quiet carriage of high-speed railway,the imperfection of the system for regulating quiet carriage of high-speed railway and the unclear solutions for the disputes related to quiet carriage of high-speed railway.The third part is about the factors leading to the problems confronted by the quiet carriage of high-speed railway.The reasons for these problems are mainly specified as being lack of clear legislative provisions on quiet carriage of high-speed railway,passengers’ cognition of rights and obligations is biased,insufficient research on quiet carriage of high-speed railway,inadequate publicity of the relevant regulations and laws of quiet carriage of high-speed railway.The fourth part is the countermeasures to improve the quiet carriage operation of high-speed railway.The thoughts and ideas related to legislation for quiet carriage of high-speed railway are sorted out in accordance with the problems and reasons for the establishment of the quiet carriage of high-speed railway.Afterwards,the legal provisions on quiet carriage are further added to Railway Law of the People’s Republic of China and Regulations for Railway Passenger Traffic(Draft for Comments).It also clarify the legal nature of the quiet clauses and correct the cognitive deviation of passengers,improve the system used in quiet carriage of high-speed railway,refine the standards for quiet carriage,establish the multiple solutions to disputes related to quiet carriage of high-speed railway and strengthen the publicity and research of quiet carriage of high-speed railway.