Damage Compensation Research For Railroad Accident

With the increase of disputes arising from the type of railway accident, some problems ,such as the rules of law, the imputation principle, ground of pleading, the problem of compensation are not solved, which is not conducive to safeguarding the rights and interests of the Parties concerned and maintaining social stability. So this Paper chose the rail accident damages as topic. In reference on the basis of the legislation, together with the reality to analysis of the key issues of railway accident damages. The author tries to give a number of legislative Proposals of improving the solutions on rail accident damages.Besides the parts of introduction and conclusions, the thesis consists of six parts. In part one, beginning with the analysis on the concepts in the Railway Law and the regulations issued by the railway departments, it clearly defines the conception of railway accidents as well as the characteristics. In part Two, the author introduces the legal system and the compensation for damages status in our country, and clarify which law is applicable in the present controversy. In part three, it is the imputation principles that should be applied to the fault-identification principle. And, explanations are made on why the principle should be applied to the railway accidents in China. In part Four, it explores the ground of pleading, including actual losses or damages, causal connection between tortuous conducts and fault. It expands on that the intention of the victim, negligence, irresistible force and the fault of the third person can act as the reason for liability-free in railway accidents. The part Five elaborates on the compensation. It is proposed that the following three principles act as the compensation principles: compensation for all the damages, offset of the faults, offset between the damage and benefit .As to the compensations cope, besides the direct damages to the material and property resulted from personal damage, spiritual compensation is also suggested and some problems which importance should be attached at procedure and substantive in practice are pointed out. Besides, the author reconsiders the principle of limited compensation. The author gives some suggestions on legislation in part six. By way of the research into the above problems, the thesis aims to explain clearly on the relevant theory on railway accident liability. It is hoped that this thesis will be advisory to perfect the relevant law and regulations.