Lawyer Chen Yueqin said that the dispute over passenger train operation rights broke out in the last year or two because the affiliated operation contract was approaching/the end of 10/0.
The problem of unclear property rights caused by the way of "affiliated operation" formed in history has laid a hidden danger for the frequent disputes over the ownership of passenger train management rights in recent years. Passenger transport companies all over the country set off a new wave of passenger shuttle bus collection, which made private owners of passenger transport lines feel unfair. The resulting conflicts among stakeholders are often difficult to reconcile in the process of "cleaning up".
Chen Yueqin has represented many car owners' rights protection cases in Yongkang, Zhejiang and Hefei, Anhui. She strongly called for "adjusting the right to operate passenger lines in the property law".
Ten-year subordination
According to Chen Yueqin, from the current collection, 70% to 80% of passenger vehicles all over the country are linked to this business.
Most of the latest subsidiary agreements in China were signed in 2002. At that time, the Ministry of Communications issued Document No.305, which stipulated that "vehicles operated by small enterprises or individual transporters beyond the category can be operated by road passenger transport enterprises with operating qualifications in a unified way by purchasing or pricing shares on a voluntary basis." According to the national standard, the depreciation period of a bus is 10 year, so the affiliated operation contract is also signed in 10 year.
Chen Yueqin said that the original intention of this document of the Ministry of Communications was to prohibit affiliated operations, but when it was implemented, local governments "had policies at the top and countermeasures at the bottom", and most of the vehicles and management rights of individual operators were affiliated with passenger transport companies. Even some local transportation management departments have set up private shell companies to accept the management rights of these self-employed car owners and vehicles, including the train lines carried by the vehicles.
From 2002 to this year, it is exactly ten years. The old car has reached the retirement age, and the company has basically completed the original accumulation. The passenger transport company asked the original owner to withdraw from the passenger transport business on the grounds that "the government prohibits affiliated operation and the passenger transport line management right is administratively licensed to the passenger transport company". The owner disagreed, which triggered this round of forced car collection.
Compulsory car collection
The "plot" of the car collection storm varies from place to place, but it highlights the "non-circulating collection" to varying degrees:
On April 20 10, three representatives of car owners petitioning in Yongkang City, Zhejiang Province were detained for 15 days. 20 10 on may 6, more than 60 Yongkang car owners were forced to sign the lease termination agreement with Shuangfei company.
Two representatives of car owners in Hai 'an, Jiangsu Province were also detained 15 days.
Anhui Hefei Passenger Transport Company published a newspaper on 20112.29 to inform the owner that "the contracted operation has expired", requiring the owner to hand over the car, and threatening not to hand over the car, not to apply for insurance and annual inspection of the car.
Anhui Lujiang Great Wall Company simply locks the steering wheel of the car with a big lock to prevent the car from continuing to operate on the road. ...
Causes of hidden dangers
In the 1990s, self-employed individuals were allowed to obtain the right to operate passenger lines and operate passenger transport in a paid way. Later, the Ministry of Communications issued a document requesting "corporatization, large-scale and intensive operation", and only the company can obtain the administrative license for passenger transport operation. But what if individual car owners buy a car and the passenger transport market runs away? The company's qualification, the car and wire coil that the owner appeared, and the so-called "affiliated operation" became the "most efficient" cooperation choice at that time.
Simple cooperation at the beginning became the "foreshadowing" of future disputes.
Chen Yueqin analyzed: "If the passenger transport company and the owner cooperate in depth according to the spirit of the document of the Ministry of Communications at that time, that is, the owner shares the passenger transport company at a discount with the vehicle ownership and the train line management right, then there will be no dispute over the train line management right in the future. However, at that time, the passenger transport company had no intention of transferring shares, and individual car owners who were accustomed to freedom were unwilling to hand over their cars and business licenses to the company. The two sides are only willing to cooperate simply: the company gives the qualification, the owner pays the management fee, and the rest of the business income belongs to the owner. Such a simple mode of affiliated management cooperation became the choice of most car owners at that time, and also laid a hidden danger for future management ownership disputes.
Today, ten years later, scrapped vehicles are worthless, but the right to operate train lines is becoming more and more valuable. At this time, the passenger transport company said: "The right to operate the line is granted to us by the government. Go!" What is the owner willing to do?
Different judgments
In the existing judgments of local courts, there is basically no objection to the fact that vehicle ownership belongs to the owner. However, there are different understandings about the ownership of the operation right of the class line.
One is to grant the right to operate the line to individual car owners. According to lawyer Chen, after the judgment of a related case in Lishui, Zhejiang Province came into effect, the vehicle management office changed the vehicle owner from the affiliated company to the individual owner, and the transportation management office also changed the transportation certificate to the individual owner. The guiding ideology of this judgment is that it does not recognize that the operation right of the class line exists independently of the vehicles; Whoever owns the vehicle should own the right to operate the line.
Another is that the court takes an evasive attitude on the issue of confirming the operation right of passenger train lines, believing that the owner's "request to confirm the operation right of train lines in the form of civil litigation does not belong to the scope of civil cases accepted by the people's courts according to law", so the application is rejected. Chen Yueqin believes that "this is the judge's attempt to avoid the property value of the right to operate passenger trains and treat it as a simple administrative license."
Does the passenger train management right have property rights? The answer is yes. In this regard, some government documents and local practices support:
Anhui Provincial Highway Transportation Administration Wan Gong Yun Ke (2007)No. 1 1 Notice on Prohibiting Newly-added Passenger Vehicles from Operating, clearly pointed out that "the operation of road passenger vehicles refers to the behavior that road passenger transport enterprises transfer their road passenger transport management rights to individuals who do not have the operating conditions by collecting management fees, and the owners purchase vehicles at their own expense and operate in the name of affiliated enterprises". This document reflects the government authorities' recognition that the right to operate passenger trains is a kind of property right.
In practice, there are many precedents for local governments to recognize the property attribute of class line management right when solving the problem of affiliated operation. The document number isNo. [2009]97 issued by Jinhua Municipal Government of Zhejiang Province, aiming at rural areas.
Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.