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“旅客买票占座放零食”应如何处理？专家解读_我的网站

A |     RAVENA, N.Y. -- New York officials launched legal recreational marijuana sales by promising many of the first retail licenses to people with past drug convictions, hoping to give people harmed by the war on drugs a chance to succeed before competitors crowded in.But more than nine months after sales started, only about two dozen state-sanctioned dispensaries have opened their doors. Legal challenges over the state's permitting process have left more than 400 provisional licensees in limbo. Marijuana farmers are reeling because there are too few stores to sell their harvest.State regulators are now expanding the market amid those troubles. They recently opened up a 60-day general application window to grow, process, distribute or sell marijuana, expecting to issue more than 1,000 new licenses. New rules also will allow companies licensed to grow and sell medical marijuana in New York to get into the recreational market.The moves are expected to boost the number of legal dispensaries in a market now dominated by black-market sellers who simply opened retail stores without a license. But the prospect of competing with the medical providers worries some farmers and retailers who fear being squeezed by deeper-pocketed companies before they had a chance to establish themselves.“My concern is that they have all the money to bleed us out,” said Coss Marte, whose opening of CONBUD dispensary in Manhattan was pushed back by a lawsuit against state regulators. “They’re vertically integrated. So now what they could do is ... grow their own product at the cheapest price and basically outbid all the farmers, all our products and all our pricing.”Critics blame New York’s slow retail growth partly on bureaucratic issues, like delays in setting up a $200 million “social equity” fund to help applicants open shops. The rollout also was hobbled by lawsuits on behalf of people and businesses excluded from the first wave of retail licenses. Marte's shop was among those temporarily blocked by a judge from opening after a group sued on behalf of disabled veterans, saying they were wrongly excluded from applying for a license. Marte, who has a past drug arrest, was paying rent on a store he could not open.A judge recently ruled that Marte's store and several others could open. But the fate of many other provisional license holders, like Carson Grant of New York City, was unclear. After months of delays in opening his store in Queens, he was debating whether to reapply for a license again in this general round.“It's very difficult emotionally,” he said.Reginald Fluellen, senior consultant with the Cannabis Social Equity Coalition, blamed the state for a botched rollout.“They’ve failed miserably in providing the justice-involved individuals the kind of head start, the kind of foothold, in the market that they promised," Fluellen said.Under new regulations, medical marijuana providers could begin retail recreational sales at one of their existing dispensaries as early as Dec. 29. They could begin selling recreational pot at two more dispensaries six months after that. The entry price for those companies is steep: a $20 million licensing fee, with $5 million due upfront. But multiple companies are expected to jump in.“We expect New York to be the hub, or one of the hubs, for legal cannabis on the East Coast,” said Curaleaf CEO Matt Darin. “And so we’re very bullish and we’ve invested a lot of capital and time to be able to maximize the opportunity.”Curaleaf, which operates in multiple states, has already invested $50 million in New York, most of it on a recently expanded indoor growing facility south of Albany that now serves the medical market. Rows of plants there mature in intensely lit rooms where humidity, temperature and nutrition are tightly controlled — a scene in stark contrast to the fields and greenhouses that have defined New York’s adult-use market since growing started last year.Curaleaf will be able to double the size of the facility’s canopy to 64,000 square feet, or about 1.5 acres (0.61 hectares), if the market dictates, said Joe Holland, an executive vice president.To guard against retail monopolies, the medical providers will be limited to three retail outlets. And in a nod to farmers, their shops will initially have to devote half their shelf space to products grown and processed by independent businesses.Still, critics say the state should have allowed more time for economically and socially diverse entrepreneurs to succeed before letting in larger competitors.Joseph Calderone of Grateful Valley Farm, near the Pennsylvania border, compared it to little hardware stores competing against big box stores. Large indoor facilities, he said, can produce multiple crops a year. Meanwhile, farms having trouble selling their crops are “teetering on the edge of failure,” he said.“We were given a fair chance to grow. We were asked to do that," he said. "We kept our promise. The state did not keep their promise.” Office of Cannabis Management executive director Chris Alexander said the new regulations maintain New York’s commitment to social and economic equity, while keeping the market more competitive than in other states. That includes giving priority consideration for social and equity applicants in the current round.While acknowledging there was some “frustration” in getting retail stores open, Alexander said the state has shown a market supplied by small farmers can work. "We've got some of the top-performing dispensaries in the country right here in New York," Alexander saidAnd there’s still room to grow. Regulators have estimated New York will eventually require at least 2,000 dispensaries to meet demand. “I think there’s enough business to go around,” said Christian Chavez, CEO of Statis Cannabis Co. He said sales have been good since they opened their dispensary in the Bronx in July. “I think it’ll be quite some time until this market gets saturated in New York.”。          　　央视网消息：近期，一条网传视频引发公众热议。8月16日，上海至成都西的K1156次列车上，3名旅客实名制购买了6号车厢005号、006号、007号三个硬座席位车票，其中2名旅客检票乘车并按席位号就座，将零食放置到1名未检票乘车旅客车票所对应的006号空闲席位。途中，该车厢一名持无座席号车票的旅客希望在006号空闲席位就座，并请求列车员协调，列车员在核实购票和席位情况后，建议旅客双方自行协商解决。      　　8月21日，国铁成都局对此事发布情况说明，结合《中华人民共和国民法典》《铁路旅客运输规程》等法律法规作出专业法律界定：旅客购票后未检票上车，视为该旅客不行使本次列车运行区段内的席位使用权;基于合同相对性原理和铁路旅客运输规则，该席位也不能由第三方占用和处置。有特殊需求应当向列车工作人员报备，由工作人员现场协调处置。     　　旅客未检票乘车      　　视为不行使席位使用权利      　　国铁成都局发布情况说明后，再次引发舆论争议，有不少网友发文支持这两名女孩，认为车票是花钱买的消费权益，购票人有权自由支配座位。另有一些网友则支持无座旅客，认为火车座位属于公共交通资源，客流紧张时闲置座位是一种浪费，买票旅客没上车，座位应该重新分配给无座票乘客或者补票乘客。对此，国铁集团相关负责人也作出了进一步表态。     　　国铁集团企法部合规管理处处长焦德贵介绍，根据《中华人民共和国民法典》、交通运输部《铁路旅客运输规程》《铁路旅客车票实名制管理办法》以及国铁集团铁路旅客运输规则等法律法规和规定，旅客购票后由于自身原因未检票乘车，视为该旅客不行使席位使用权利。     　　过去，火车开车后，没赶上车的旅客车票作废。而现在，列车开车后，未检票乘车的旅客可享受免费改签当日24时前车次车票等权利，不再享有自由支配原座位的权利。     　　焦德贵表示，如果支持购票人可以支配座位的观点，理论上这名旅客购买一张车票，可以享受两张车票的权利，一张是未检票上车仍可支配的空闲席位，另一张是开车后改签的车票，这不但是对公共资源的浪费，会形成负面示范效应，可能引发更多一人购买多张车票占座的行为，这是不合理的。     　　有特殊需求 能否多购买车票?      　　那么旅客如有特殊需求，是否可以购买多于乘车人数的车票呢?      　　国铁集团客运部客运管理处处长郑铎介绍，旅客如因自身疾病或陪护病人等特殊需求，可购买多于实际乘车人数的车票乘车，比如，2人出行，一人陪伴一名病人，需要3张车票空间，便于病人躺卧或放置医用器械，可以在购票时用3张身份证件购买3张车票，但上车后向列车工作人员说明，工作人员会提供重点旅客服务，也会协助对其他旅客进行解释。     　　车票处置权属于购票人      　　而不是同行人      　　也有网友提出异议，认为该规则在权责上不对等，购票人已经完成付费，未检票并不代表铁路部门已经完成退款，在票款没有退回的前提下，直接剥夺购票人的席位权益是否有失公允?如果说未检票乘车产生的空闲席位，被安排给站票旅客使用，那原旅客在中途站又上车了怎么办?这个座位是归站票旅客继续使用，还是归原旅客使用呢?      　　焦德贵表示，根据相关法律和规定，旅客自支付购票款起，即建立了与承运企业间的客运服务合同关系。旅客没有检票乘车，放弃运行区段的席位使用权利，后续还有改签等权利。这个权利均是旅客本人，而不是同行人，哪怕这个同行人是其亲人和为其购票付款的人，也无权处置旅客的空闲席位。

B |      　　铁路部门表示，旅客由于自身原因未检票乘车，形成旅客不行使列车正在运行区段该席位使用权的客观事实，即席位出现空闲，此时如有无座票旅客有就座需求，可以使用或找工作人员进行协调临时就座。     　　郑铎表示，在原旅客退票或者改签前，铁路部门不会对此车票再次出售。但要注意的是，无座票旅客是临时就座，如果原旅客中途上车，仍拥有该席位的使用权，可以找工作人员请临时就座的旅客离开，原旅客在此就座。

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