The Study Of The Liability Of The Tort For The Highly Dangerous Work Of The Railway

What's this thesis investigated and discussed was the liability of the tort for the highly dangerous work of the railway. The thesis mainly discussed the principles of imputation, the composing essentials, the rules on exemption excuses and undertaking of the liability for the highly dangerous work of the railway.The introduction part was "the thought caused from the cases". The author gave two similar cases of the off-railway casualty. In every case, there was a pupil who entered into the railway station area and whose leg was broken and who was disabled by the train incautiously. And then every pupil claimed for the compensation of a number of ten thousands RMB. One of these cases was proceeded against in the Court of Railway Transport, but the claim was rejected and the railway shouldn't pay any compensation. The other case was proceeded against in the local court, and the court decreed that the railway should compensate RMB 300,000 because of the various charges. For the similar details of two cases, why did the railway court and the local court make the different judgment? All these caused the thinking of the author, so that the author researched the liability of the tort for the highly dangerous work of the railway from the theory of the tort.The first part was "the defining of the liability of the tort for the highly dangerous work of the railway". This chapter mainly introduced the features of China's railway, the figures of the off-railway casualty and the corresponding legislations on the treatment of the railway accident. The author defined the meaning of the railway accident and put forward the problems in hearing of the casualty of the liability of the special tort for the highly dangerous work of the railway as well as the judicatory practices. The author thought that it was necessary to utilize the theory of the tort to study the liability of the special tort for the highly dangerous work of the railway.The second part was "the imputation principle of the liability of the tort for the highly dangerous work of the railway". As for the imputation principle of the liability, the author enumerated the points of view against that this liability of the special tort applied to the non-fault liability, and then disproved that it wasn't right. The author proved the non-fault liability was a general rule for the liability of the special tort for the highly dangerous work of the railway.The third part was "the composing essentials and the rules on exempting excuses of the liability of the tort for the highly dangerous work of the railway". As for the composing essentials, the liability of the tort for the highly dangerous work was made up of three composing essentials , including the highly dangerous work, damage fact, and causation between behaviors of injure and effect of damage. So, the victim of the casualty that happened in working location of railway proved that there was the causal relationship between the casualty and the highly dangerous work of the railway, and the liability of the tort for the highly dangerous work of the railway was established.The fourth part was "the undertaking of the liability of the tort for the highly dangerous railway". This chapter mainly discussed the principle of undertaking responsibility, especially analyzed the application of contributory negligence on the liability of the tort for the highly dangerous work of railway. There was a rule that the principle of contributory negligence was applied if the victim's gross negligence and the railway part's general negligence or non-negligence. And the author also pointed out the scope and the form of responsibility of personal damage and possession damage.The conclusion part, based on the sum-up of foregoing parts, concluded that no-fault liability still should be the principle in the field of highly dangerous work of the railway. And further more, railway may exempt excuses for the victim's intent. And the principle of contributory negligence may be applied if the victim has gross negligence, and the railway part has general negligence or non-negligence. The author also pointed out it was significance of the improvement in the legislation of the tort liability of the highly dangerous work of the railway.