Third Person Caused Injury Case Rail Passenger Carrier’s Responsibility To Undertake Research

Rail transport has obvious characteristics different from other modes of transport, so the situation of passengers injury has its own unique characteristics. For example, in a closed compartment, the large number of passengers can form a small community, in which travelers can sometimes be injured by a "third party", whose status is really varied, such as other passengers, some criminal suspects, sometimes unidentified objects outside the train etc.. According to Chinese Civil Procedure Law, only the railway transportation court has jurisdiction over these third-party damage cases, which have always been difficult for judges, because relevant judicial interpretation of the Supreme Court is changing, in which some provisions also look contradicting each other, moreover, the conclusion of the relevant provisions of tort law and the relevant provisions of contract law applied to the same case sometimes could even diametrically opposite, so the results of inconsistent verdicts by different judges is very common phenomenon.In those cases, what responsibility should a rail carrier undertake? Is it the supplemental liability of security obligations or liability for breach of subordinated obligation? What exactly is its legal basis? Can Section 121 of Contract Law be applied to these cases? For these problems, lawyers, parties, many court judges have different understandings, and even heated debates. Those led directly to varied results of the verdicts by different courts and judges even for similar cases. The inconsistent referee standards not only undermine the credibility of justice, but also have negative impact on social harmony and stability. It is urgent to clarify the vague understanding of our theory, and uphold the principle of good faith, in order to give lawful and humane answers to unify the administration of justice standards, safeguard judicial justice and authority.This paper mainly uses two methods:First is empirical analysis. Academic study on civil law theory has made remarkable achievements, but even esoteric doctrine must be based on empirical analysis of a large number of practical cases. Second is the law hermeneutic approach. There are many methods of legal interpretation, including literal interpretation, restrictive explanation, teleological interpretation and so on. I will try to apply these methods to interpret the provisions of the relevant laws to derive human spirit of the law and common sense conclusions.