Study On The Legal System Over The Limited Liability Of Personal Injury Of Railway Passenger In China

Under the premise that passengers'injuries and deaths are not due to the faults of the railway transportation enterprises, the limited compensation system is adopted in China. It is a statutory privilege to the person responsible under the particular circumstances.At present, there are reasonable but more defects compare with "maritime law" and "Law on Civil Aviation" on the passenger deaths and injuries. It's that the application of the principle of strict liability is not achieve balance of interests, over protect the interests of rail carriers, lack of legitimacy provisions. So, we can improve the syetem in the following aspects, including regulate the applicable laws when its passenger is infringed by the third party, legitimacy of principle of attributing responsibility, exclude the application of intent or gross negligence of the Railway Transport Enterprise, determine the Limited Liability by unit to complete the system from legislative point of view, and improve the system of compulsory insurance against injury to passengers and increase compulsory third party insurance.The thesis is start from the law researchful point of view, elaborates the legal theory of the system and analyses the evolution of Chinese legislations and existing problems on the basis of relevant law concepts and basic theories, try to bring forward advices on a scientific and doable legislation system of Limited Liability of Personal Injury of Railway Passenger in our Country with the reference of law system and judicatory practice in the developed countries, in order to provide a good reference and promote the healthy and steady development of Chinese rail transport industry.