Research On Tort Liability Of Damage Caused By High-speed Rail Transport Operation

This paper is in the form of case study．It'S research object is"the Personal inury Compensation Case of Wu Hualin v Beijing Subway Operation Co．．Ltd．"This paper,by combining the points of the parties and the judge in the dispute,extracting the focus of the case and analysing the relevant theories,puts forward their views in order to provide useful reference to legislation and justice．This paper uses comparative analysis,historical analysis,law hermeneutic me~od,system analysis and 10gic analysis．The main points and the specific structure are as follows:The first part is the case description and the focus of controversy．@What responsibilityprinciple should apply in this case?What is the standard of"high speed"in the High—speedRail Transportation?@Does the Beijing MTR Corporation have fault in this case?@How touse the Contributory Negligence Rule in the case ofno—fault liability?④Whether should thecase apply compensation for moral damage?The second part is case study．Based on the facts of the case,this paper analysis thejustifiability and weaknesses of relational theory and practice and puts forward views andtheoretical insights．First of all,the author traces the emergence and development of the principle of liabilitywithout fault．The conclusion is that the legitimacy of the principle of liability without fhult is"danger"．In other words,The principle of liability without fault sets a obligation for that whomanufactures the danger．The obligation means that people who make the danger should stopit from causing damage．Otherwise,whether or not there iS fault,he must be liable for thedamages．High—speed Rail Transportation is very dangerous．SO the law stipulates the principleof liability without fault．and the standard of"high—speed''should meet the criterion ofdangerous that the law stipulates．Then the author approaches seven reference factors tomaintain dangerous,and combine with the traits of the subway move,finally,the author reachConclusion:The subway move has the dangerous that the principle of liability without faulthas ruled,SO the subway move should apply the principle of liability without fault． Second,the author gives a new definition of the Contributory Negligence Rule intraditional theories of civil law,the author holds the review that the more reasonable titleshould be"fault rules on the victim",which means that in the case of damage take place orexpand,if the victim is liable for this,the law should be mitigate or exempt inflicter frompunishment,and this is a rule that distributes damage more fair．Then,the author quotes therelevant theories of how to maintain the fault and the fault rules on the victim in the field oflaw,combing with the law that our country has stipulated,then the author holds that the faultrules on the victim should consider the reasons that the two parties contribute to thedamage,the rule should give consideration to the two panties'faults．Based on this viewpoint,the author forms a conclusion from this case:In this case,the subway company has a indirectinfluence on the damage,because the company did not pay attention to it'obligation that thelaw has stipulated；the victim also has fault for his own safety．This case should apply faultrules on the victim,the court need to mitigate the liability for compensation of the subwaycompany,the court adjudged that the subway company should shoulder eighty percent for thetotal losses,the second instance verdict are reasonable．Finally,the author discusses the mind compensation for damage can also be applied inthe cases that apply the principle of liability without fault,the mind compensation for damagealso suit the fault rules on the victim,then the author puts forward his views of the amount ofthe mind compensation for damage which based on tim judicial interpretations andlegislations．In the third part,the author discusses the other two problems of the damage caused byusing high—spccd rail transportation．One is the limit nl,compensatio~1 in the danaage ofhigh—speed rail transportation；the other is the different regulations of the damage ofhigh—speed rail transportation in Civil michinori and Law oftort liability．In the fourth part,the author gives a finally conclusion for the mentioned case,and thenthe author puts forward some suggestions on how to applicable law and how tO enact law Oilthe damage of high—speed rail transportation...