The Research On Damages Compensation Of The Railway Accident

Liability of personal damage compensation in railway accident means the compensation liability of personal injury or death that should be taken by the railway transportation enterprises for its own transportation accidents and other railway operation accidents. For a long time, there have been many disputes on the affirmation of principle of attribution, adoption of the laws, confirmation on the elements of an actual accident, exemption reason for tort liability, compensation culpa compensation and the scope of compensation. And the main reason for the above situation lies in the different understanding and practicing of the laws, regulations and the judicial interpretation of the supreme people's court. Based on the theory and field practice, the author raised its own opinion on the set up of personal damage compensation system for railway accident.When there is a dispute exists in the Liability of personal damage compensation in railway accident, I think the principle of no-fault liability comes first. The elements of an actual accident should include both the common elements of the injury responsibility in high-risk operation and its own unique elements. As in the application of the law, I think there is no conflict between the general principles of the civil law and the railway Law, and the latter one should be the first choice. There have been 2 different conditions in the exemption reason for tort liability of personal damage compensation in railway accident. In the judicial practice, the victim's own fault should be judged correctly. As the injury that happened to a minor for playing in the railway operation area, the related railway transportation enterprise should not be exempted. In regard to the area of personal damage compensation in railway accident, a few special situations existed in field practice. The first is the specific applying conditions and methods of compensation culpa compensation; the second is that the limited compensation principle is not suit for the railway passenger injury or damage compensation; the third indicates that the railway transportation enterprise should provide certain compensation to the victim though under the condition of liability exemption.