Study Of Railway Passenger Damages System

In China, the rail traffic is the the main mode of transport of the flow of goods and the passengers travel, The development of rail traffic is closely related to the stability of society and development of the national economy . After two decades of reform and opening up, big progress has been made in the railway business of china, But at the same time a variety of rail-related issues are increasingly appeared. In the old railway management system such development and the attendant problems of our country not only hindered the further development of the railway business, but also weak in the protection of the rights .Rail transport is divided into passenger transport and cargo transport, Particularly the areas of passenger transport is the dispute-prone areas. The reason is that the railway passenger transport volume of passengers, characterized by damage to various reasons.This paper from the process of railway passenger transportation infringement disputes that took place the responsibility of the personal nature of the principle of liability and compensation. And I hope I can find a solution in the end though my own effort and I think I can do something to create a unified legal system of track transportation, I believe I can also make my own contribution to modify and perfect China' s railway passenger transportation.This article is divided into seven parts. The first part is mainly about to explain the related issues of this topic and point out the academic background and research significance of this article. It also propound research methods and the main content of the article. The second part, in order to give a definition of railway passenger damages, we should interpret the related concepts of it. The third part is primarily analysis characteristics and classification of railway passenger damages, and owning to this, we can draw a conclusion that the railway passenger damages is different from damages in other type of transportation, and on this basis we can make the classification of railway passenger damages. In the fourth part, through the analysis of nature of the responsibility and principle of culpability for railway passenger damages, we can arrive at a conclusion that responsibility of railway passenger damages is competing liability of breach of contract and tort. At last come to my own opinion of this problem. The fifth part is about analysis of scope of railway passenger damages, through the method of Civil Law theory, it can detailedly prescribe property damage and compensation for moral damage in personal injury compensation. Part VI make the conclusion of system defect by the analysis of legislative status in railway passenger damages. And at the last part, we should improve the system in some specific measures. In the end the ultimate goal is establish a unified system of compensation for rail traffic and finally create a unified system of compensation of orbit transportation.