Penalty for playing audio on phone, civilized travel has legal basis
[4] Compiled from: Red Star News
Case review
On March 5, "Nanjing Metro responds to passenger receiving a fine for phone speaker use" became a trending topic, sparking heated discussions among netizens.
Netizen "Xiao Hei Han is Me" said that after taking the subway to Nanjing, Jiangsu, they forgot to bring headphones and played audio out loud on their phone, so they received a notification form and signed it.
"The security lady walked past me, almost to the next carriage, then came back and issued me a 'ticket'," the netizen said, noting it was the first time encountering such a situation. At the time, they were browsing their Moments with the sound on, which wasn't very loud. A patrolling staff member happened to pass by, and although a notification form was issued, no fine was ultimately imposed.
Nanjing Metro responded to the media, confirming the incident. Inspectors patrol the carriages and conduct checks according to the "Nanjing Rail Transit Regulations" and the "Urban Rail Transit Passenger Transport Organization and Service Management Measures." When prohibited behaviors such as spitting, lying down, eating or drinking in carriages, making loud noises, or playing audio out loud on electronic devices are found, corresponding notification forms are issued. If the situation is severe, fines may also be imposed, and all handling processes are recorded accordingly.
In response, many netizens suggested promoting this nationwide, not only on subways but also on high-speed trains, bullet trains, and all public places.
"Urban Rail Transit Passenger Transport Organization and Service Management Measures"
Article 36
Passengers shall not engage in the following behaviors that affect the operational order of urban rail transit:
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(3) Promoting products or engaging in marketing activities, begging, busking and singing or dancing, making loud noises, causing disturbances, and playing audio aloud when using electronic devices;
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[1] The author's perspective
On the subway, various uncivilized behaviors are common, such as playing audio aloud from phones, eating, and promoting products. These behaviors not only disturb others but also damage the public environment. This case addresses the issue of passengers playing audio aloud from their phones, and many netizens have expressed support. However, some netizens have questioned: Is the "Measures" issued by the Ministry of Transport a law? Is it mandatory?
The "Measures," by nature, are an administrative normative document. In terms of legal effect, they are binding and enforceable against individuals and organizations as administrative counterparts. In other words, behind the regulations lies administrative enforcement power. Therefore, the implementation of the "Measures" imposes mandatory constraints on uncivilized behaviors.
It is evident that the implementation of the new regulations is backing social moral civilization. In a country governed by the rule of law, laws and regulations are the basic norms for citizens' behavior. After the regulations are implemented, uncivilized behaviors on the subway are no longer just a moral taboo but also a legal one. Legislating to address uncivilized subway behaviors promotes social ethics and personal virtues through the rule of law, strengthening the role of law in moral construction. On the other hand, using morality to advance the rule of law and reinforcing the supporting role of morality in legal culture is a concrete manifestation of the mutual reinforcement and complementarity of rule by law and rule by virtue, and it is also an inevitable requirement for the construction of socialist rule of law.
