Legislative Research On Transportation Insurance System Of Railway Passengers

In the early 50s of the last century, based on the economic, political and cultural conditions, China had promulgated "The Regulation of Accidental Compulsory Insurance of Railway Passengers", which aimed at protecting the interests of passengers who were injured so that they can get timely payment. Along with the continuous development of economy and legislative technique, transportation insurance systems of passengers in other transportation industries were changed, but the reform of railway passengers’ transportation insurance had failed to appear. Through the introduction of transportation insurance, this paper tries to find out the fundamental problems of railway passengers’ accidental compulsory insurance, and by the comparison between domestic and foreign transportation insurance system so that a reconstructed proposal of railway passengers’ transportation insurance can be proposed.This full text is divided into five parts:The first part contains the background and present research situation of the essay, as well as the contents and the research methods. The second part is aimed at probing into transportation insurance issues, it introduces the concept, feature, function and legal meaning of transportation insurance and so on. The third part focuses on the fundamental problems of railway passengers’ accidental compulsory insurance. Through the background introduction of railway passengers’ transportation insurance, the legal defects have gradually appeared, such as the vagueness of its nature, the conflict with "Insurance Law", "Legislation Law", "Consumer Protection Law" and so on. The forth part includes an introduction of foreign railway passengers’ transportation insurance laws and some related legal provisions of domestic passengers’ transportation insurance, then by comparing foreign railway laws with domestic insurance systems in other transportation industries, the author draw some inspirations of railway transportation insurance system from the compare. The fifth part is legislative proposals of railway passengers’ transportation insurance system, such as adding railway carrier liability insurance in railway laws, improving railway accidental compulsory insurance and setting up social fund for railway accidents, so that the interests of injured passengers can be protected by giving timely compensation.The author believes that although "The Regulation of Accidental Compulsory Insurance of Railway Passengers" had many problems, its existence had rationality and can not be simply abolished. Therefore, this system should be reconstructed by establishing suitable transportation insurance systems while it’s being repealed, consequently, the interests of the carrier and the passengers can both be maintained.