The Study On Liability Of The Compensation For Personal Injury Of Railway Passengers

This paper analyzes the concept of international railway passenger, the content of passenger transport contracts as well as the basic theory of international railway passenger transport by use the treaty on International carriage by rail. This paper attempts to provide a deep survey of International treaties on personal injury compensation. Using the method as explanatory of law on study, the concept of International rail passenger, carrier, contract of carriage are discussed in this paper. The nature and the characteristics of Passenger compensation for personal injury are analyzed by using the same method. On the study of foreign principle of damages imputation, the method of system analysis is adopted and national regulations are analyzed by holding this way. The criterion of liability of international treaties are argued in this paper by using the method of compare. By the end of this paper, it concludes with the imputation of compensation for personal injury, compensation range and the mode of compensation to the International railway passenger. In the basis of international experience, this paper proposes advises about establishment of railway passenger compensation relief fund for Chinese railway passenger and improving the other personal injury compensation.The second part of this paper compares China's relevant railway regulation with international treaties, offering reference to the priority of China's privilege system of legislation and its drawback. The third part of this paper mainly elaborates personal liability for damages of railway passenger, including the legal relation, the foundation and the properties of personal liability for damages of railway passenger. The fourth part of this paper illustrates the imputation principle both in international and China. The fifth part of this paper analyzes the domestic and international railway passenger compensation for personal injury compensation range and the regulation of compensation. The sixth part of this paper puts forward the suggestion of improving compensation for personal injury in our country based on the experience of international.