Some Problems Of Railway Transportation Compensation For Personal Injury Study

Over the years, all in the trial court railway transport compensation for personal injury dispute case has been on how to determine jurisdiction, how to understand the railway law article58difficult problem such as there exists different understanding, and led to the laws apply different, the referee scale different circumstance. At the same time, along with the rapid development of our country’s economy and society, and the city was expanded, railway traffic mileage continue to increase, the railway operation environment is also produced very big change. This makes railway transport court hearing in such cases and meets when new situation, the new question. In view of a variety of reasons, the supreme people’s court promulgates a new judicial interpretation "on the trial of railway transportation damage compensate dispute cases applicable law the explanation of some issues" on January4,2010, the railway transportation system of compensation for personal injury related to the more detailed regulations, unified standards, is more judicial practice. This paper, besides the introduction and conclusion, is divided into five chapters.The first chapter:"determination of railway transport compensation for personal injury main responsibility". This chapter first introduces the concept of railway transport compensation for personal injury main responsibility", and then defines the scope of the main responsibility from the general situation and the special circumstances two aspects.The second chapter:" principle of culpability for railway transport compensation for personal injury liability".This chapter first respectively expounds the provisions of General Principles of the Civil Law、Tort liability law and Railway law about principle of culpability for railway transport compensation for personal injury liability before a new judicial interpretation,and then introduced the new judicial interpretation on this principle of culpability problem is unified standards.The third Chapter:" the relief matter and burden of proof for railway transport compensation for personal injury liability". This chapter first introduced the new judicial interpretation of the relief matter:force manure, the victim to its own reason, also expounds in view of the different the relief matter to who should be held burden of proof, and then introduced burden of proof if the insured is a person with no capacity for civil acts or a person with limited capacity for civil acts.The fourth chapter:" the reason for diminished responsibility and responsibility to determine for railway transport compensation for personal injury liability ". First, the author expounds it impacts the reason for diminished responsibility in the victim of liability of fault and the railway transport enterprise security protection, warning the obligation such as performance, and then introduced the reason for diminished responsibility if the insured is a person with no capacity for civil acts or a person with limited capacity for civil acts.The fifth Chapter:"new judicial explanation of the other special regulation". This chapter introduces new judicial interpretation of the special provisions from jurisdiction problem、specific protection for a person with no capacity for civil acts or a person with limited capacity for civil acts and proof effectiveness of accident liability protocols.