Railway Passenger Personal Injury Compensation Liability Analysis

Railway transportation is a highly dangerous operation, when the personnelcasualty accident during transport, the consequences are often very serious.Especially in recent years China’s rapid economic development level of increase,significantly enhance the citizen’s legal consciousness enhancement, personal injurycompensation amount and the railway passenger on personal injury compensationstandard discontent and so on, often triggered by disputes, these disputes are mainlyembodied in the laws, regulations and judicial interpretation of the differentunderstanding and application. Railway passenger injury liability for breach ofcontract and infringement has double characteristics, which lead to the concurrenceof liability for breach of contract and tort liability."The Supreme People’s Court onSeveral Issues concerning the application of law in trial of cases of disputes overcompensation for railway transportation person damage interpretation" and "tortliability law", in the actual case problems still exist, the legal problems and conflictsto be resolved. This paper is mainly the compensation from the damage to therailway passenger casualty point of view to analyze the responsibility of railwaytransportation enterprises for damage compensation, namely through the railwaytransport enterprise in violation of security obligations shall bear supplementaryliability according to his fault, the personal injury compensation of comparativenegligence should be applied, the main responsibility to clear as well as thecompensation scope of the breach of contract caused by railway passenger personalinjury should include mental injury compensation and other aspects of the exposition,summed up the improvement of our country railroad passenger person damagecompensate responsibility points in the application of the law, to confirm the subjectof compensation, improve the railway enterprise responsibility and other aspects of the proposal.