The Initial Discuss About Protection Of The Rights Of China's Railway Passengers

With development of ecomony,more and more people prefer to go out by train. It often appears the phenomenon of harming to the rights of railway passengers ,like transport delay. However, as comsumers, railway passengers can't be validly protected when their rights are harmed. With improvement of legal consciousness, people prefer to resort to the laws. So it is necessary to protect the rights of railway passengers by the laws.The fist chapter expounds the protection of the rights, poses the definition of railway legitimate passengers,and also introduces the general and special right which railway passengers enjoy. The second chapter makes study on the expressions and reasons of harming to the rights of railway passengers. Based on issue between passengers and railway transportion enterprise in our real life. The expressions of harming to the rights of railway passengers, for example, the railway passengers can't be validly protected the right of fair trade, the right of returning tickets and reducing expenses ,the right of seeking help and asking to recompense. The reasons of harming to the rights of railway passengers include the follow aspects: In the railway adminstration system aspect, railway bureau is not independently economic subject according to the maket rule. The railway court is led by railway enterprise. In the legislation aspect, "railway law" is too lagging to validly protect the rights of passengers. And "comsumer protection law" also is not perfect. In th relief procedure aspect, it has the obvious insufficiency on the present consultation ,the mediation, the appeal, the arbitration, the lawsuit and so on, The third chapter introduces the system of railway passengers' protection in our country and proposes the legal rule of the model oversea in order to consummate legal regime, the relief mechanism, surveillance mechanism in our country.