Research Of Railway Accidents And Passengers Life Damage Limited Amends Rules

In the field of transport in China, railway transportion of commodities and passengers is the main mode of transportion. The development of railway transport is closely related to the social order, stability and national economic development. At the same time,various rail-related issues are increasingly apparent, in which railway passengers and limit compensation for personal injury is particularly prominent. To improve the railway passenger limit personal injury compensation system, this paper uses comparative law study and other research methods to give the theoretical analysis and system construction. The main contents are as follows:The first part of this paper mainly discuss theoretical basis of limited compensation system of the railway passenger transportation personal injury. It contains the reasonness of railway passenger transportation system of personal injury limited compensation basd on from the protection of rail passengers and risk-sharing perspective、on the analysis of the existing railway passenger personal injury limited compensation system、the comparative law analysis in extraterritorial provisions of the relevant countries and the current legislation of China’s railway passenger transport limit for personal injury compensation and so on.The second part of this paper mainly discuss the comparative analysis of limited compensation system of passenger personal injury. It contains the premise of railway passenger transportation for personal injury limited compensation system、the carrier’s willful or gross negligence and the compensation system limits、non-accident caused damage and the application of limited compensation and compensation for mental damages and the scope of the limit.The third part of this paper mainly discuss the legal measures to improve China’s railway passenger transportation personal injury limited compensation system. It contains modifing the "Railway Act " to perfect the limited compensation system from the provisions of the law level、uniting the scope of provisions for Limited compensation、the limited compensation standards、the establishment of insurance system about railway passenger transportation personal injury and Exceptions of the railway passenger transportation personal injury.The main innovation of this paper is the reflection of limited compensation system about the current railway passenger transportation personal injury and propose the corresponding legal measures to the problems. Through analysis this paper, eliminate the theory controversials of limited compensation in railway passenger transportation personal injury to some extent,and provides theoretical supports to the judicial practice.Therfore, as an important part of our national economy, personal injury compensation for railway passenger rail system is one of the important guarantee for the healthy development of railway transportion. In order to improve railway passenger personal injury compensation system and limited compensation system, it should be appropriate risk-sharing between in the railway companies and railway passenger and Railway companies and balance the interests of passengers and railways.lt needs modify the "Railway Act" to perfect the limited compensation system from the provisions of the law level、unity the scope of provisions for Limited compensation、establish the limited compensation standards、insurance system about railway passenger transportation personal injury and exceptions of the railway passenger transportation personal injury.