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[案例]乘客曹先生搭乘某公交公司315路公交车,上车才5分钟,他就发现挂在腰间的手机被窃。他立即借用同伴的手机打110报警,同时请求该车的司机停车并关闭车门,等待巡警过来处理,防止小偷借下车之机逃走。可是司机依旧开车,照常停靠站,打开车门让乘客上下车,小偷趁机溜之大吉,以致曹先生失去了挽回损失的机会。曹先生一怒之下,将该公交公司推上被告席。他认为,在公共汽车内乘客的贵重物品被盗,司机负有不可推卸的责任。[分析]乘客在公交车上财物被盗,司机有无义务协助采取措施防止小偷逃脱?这是事件的焦点。笔者认为,当乘客在公交车上财物被盗,司机肯定有义务协助采取措施防止小偷逃脱。首先,我们要弄清楚两个问题:一、司机驾驶公交车的行为是否属职务行为;
[Case] Passengers Mr. Cao took a bus company 315 bus, the car was only 5 minutes, he found the phone was stolen from his waist. He immediately borrowed the companion’s cell phone to call 110 and requested the driver of the car to stop and close the door, waiting for the patrol to come and deal with him and prevent the thief from escaping from the vehicle. But the driver still drove, as usual stops, opened the door for passengers to get off, the thief took the opportunity to slip away, so that Mr. Cao lost the opportunity to recover the loss. Mr Cao huffed the bus company onto the dock. In his view, the passengers in the bus stolen valuables, the driver has an unshirkable responsibility. [Analysis] Passengers stolen property in the bus, the driver has no obligation to help take measures to prevent thieves from escaping? This is the focus of the incident. The author believes that when passengers in the bus stolen property, the driver certainly has an obligation to help take measures to prevent the thief to escape. First of all, we have to figure out two issues: First, whether a driver’s driving a bus is a job or not;