| The railroad accident damages for personal injury is one of the legal problems in admiralty practice in China and how to solve them having more dispute. Correctly handle such cases, to maintain the healthy development of the railway transport sector is of great significance. The thesis makes a preliminary study on the following aspects: the principle of attribution, and the resulting limits compensation, as well as through compensation for compulsory insurance to alleviate the pressure thereof etc. in order to find the point of balance of the interests of the railway industry and the casualties in the light of the situation of China.Our country present, although has in view of the railway transportation "Railroad Law", but related stipulation has the conflict with "The People' s Republic Of China General Provisions Of The Civil Law", and has also not been clear to the railroad accident person damage compensate's concrete scope and the standard. But other involve the railroad accident person damage compensate the related legal rule many are the department rules and regulations, the legal effect rank is low, and the formulation age, has been early suitable with now society' s development disconformity. Is precisely as a result of the legal basis flaw, caused the present judicial trial not to be unified, the lawsuit result difference was remarkable. Local court in trying railroad accident person damage compensate case time what is suitable is "The General Provisions Of The Civil Law" and "About Tries Person Damage Compensate Case Applicable Legislation Certain Questions Take Supreme People' s Court Explanation" as the concrete compensation basis; But railroad court when examines should a kind of case the system factor' s restriction, is suitable "Railroad Law" and the quota compensation related stipulation. Rested on different legal trying the similar case to cause the certain extent in the judicial practice not to be unified, because these stipulated related turned over to aspects and so on responsibility principle, compensation principle, compensation scope and standard in the person damage compensate has the difference, caused the railroad accident person damage compensate the result often because to be also suitable is different with the reference stipulation and is widely divergent. How to treat the related laws and regulations the potency rank question, how to treat the compensation quota the low question, the compensation quota and between the liability of compensation scope relational question, is subject matter which in the present trial practice needs to solve. This article launches the elaboration regarding these three aspect question, first proved the railroad accident person damage compensate case to be suitable the responsibility principle, in the determination railway transportation work was one kind of highly dangerous work, after the railway transportation sends damages the accident was one kind of high-risk right infringement accident, recognized that the railroad accident person damage compensate case must be suitable the non-mistake responsibility principle. Next, was clear about the railroad accident person damage compensate case to be suitable the quota compensation principle which formed a complete set with the non-mistake responsibility principle. Through is suitable the different compensation basis to the existing court to carry on the comparison, unifies the present living standards, this article to the railroad accident person damage compensate scope and the standard, as well as put forward the legislative proposal to measure of indemnity's concrete hypothesis. Finally, in view of the present quota compensation amount low situation, the author proposed the establishment insurance mechanism's tentative plan, hoped through pays the accident injury compulsion danger to the railroad passenger, as well as requests the railroad enterprise to pay the third party risk compulsion danger to be balanced this contradiction.The railroad accident person damage compensate case common person damage compensate case says, is turning over to aspects and so on responsibility principle, responsibility limit to have certain particularity. According to our country' s national condition, studies the railroad accident person damage compensate case's particularity earnestly, refers to and profits from domestic, outside the similar profession related legal rule, formulates one to aim at the railroad accident person damage compensate specially the law, is advantageous in the solution present in the processing railroad accident person damage compensate case process the applicable legislation not unified question. This article in the research present home, outside the similar profession about in the person damage compensate case' s related laws and regulations' foundation, analyzed our country to process the railroad accident person damage compensate specially to need to study the solution certain questions. The research goal lies in adapts the new situation which our country laws and regulations consummate unceasingly, causes the railroad accident person damage compensate the legal rule with each related legal rule trail connection, joins World Trade Organization (WTO) after our country new situation trail connection; And according to our country's national condition, seeks one science reasonable railroad accident person damage compensate means that found a railway transportation enterprise and the victim both benefit balance point as far as possible, causes the railway transportation enterprise and victim's legitimate rights and interests obtains a fuller protection; Further research railroad accident person damage compensate's law rationale, to further revise our country railroad accident person damage compensate the relevant law to provide the basis. |
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