Mandatory Liability Insurance Of China's Railway Passenger Transport Legislation

Rail transport compulsory liability insurance have a close relationship with enterprise and individual, which is an important risk reduction legal system to protect them. However, the rail transport compulsory liability insurance does not exist. The existing rail passengers'accident insurance is not perfect enough to safeguard the interest of policy holder in China. The problems here in China consist of the legality of the existing rail passengers'accident insurance, low compensation sum, variance insurance premium, etc.The existing rail passengers'accident insurance is discussed systemically in history study method in the dissertation in order to arouse more attention and encourage practical solutions to the problems.In the first part of the dissertation, a description on the definition and features of compulsory liability insurance is presented. Then the characteristics and laws of development of compulsory liability insurance are analyzed combine Taiwan compulsory liability insurance system.In the next part, a new type of compulsory liability insurance is put forward to after an overall review of legislation in Taiwan and case in China, and analyze the theories and principles in establish the rail transport compulsory liability insurance.In the last part of the dissertation, the deficiency of the existing rail passengers'accident insurance system is also analyzed, and then a new legislation proposal is envisaged, based on the situation and demand of China.The most remarkable features of the dissertation consist of:The first is the history method taken in the dissertation. Mainly combine the differences of legal systems in Taiwan, and probe the track and features ofdevelopment of the existing rail passengers'accident insurance.The second is the positivism method taken in the dissertation. The rail transport compulsory liability insurance system is discussed not only theoretically but also in way of positivism. The relevant case is reviewed in order to take out some principles scientifically. A new type of insurance risk is presented and expounded in the dissertation.The last is the specific legislative proposals offered in the dissertation. With the intention to improve the legislation and practice of the rail transport compulsory liability insurance system, the deficiencies of the existing rail passengers'accident insurance are pointed out based on the study of positivism and history, and the specific legislative proposals are put forward in the dissertation.