The Study Of The Personal Injury Compensation In Railway Transport

The leap forward development of railway transport industry which is very important to the national economy leads to the more serious accident damage. Before the railways’speed improved, the disability rate was similar to the fatality rate in the railway accidents. The motor trains’ and the high-speed rails’operation has resulted in a growing number of fatalities. But the system of personal injury compensation in railway transport has not been further improved. In recent years, with the rapid economic development, the legal awareness is strengthening. So, there are more and more argues in laws, regulations, and rules. In order to giving the victim more economic compensation and railway transport enterprises can serve our national economy more normally and effectively, this paper lists some normal questions of personal injury compensation in railway transport. It mainly basic principle with the cases study during the trail practices, points out the optimization and the solutions, in hope the system of personal injury compensation in railway transport will be more perfect.At the beginning of this paper, point out the concept what is the personal injury compensation in railway transport, combining the relevant cases concretely to present the readers the basic knowledge, in order to read easily. The second part analyzes the theory, elaborating the legal principle of the construction of tort liability for personal injury compensation in railway transport, dissecting the nature of these accidents, convincing the high-risk operation feature, and applying the no-fault liability by defining the accident, in order to lay the groundwork for the suggestions. The third part points the questions in the system of personal injury compensation in railway transport, including the effect of the accident responsibility cognizance book, the differentiation of accident responsibility, closed compensation, the compulsory liability insurance and so on. The end of the paper is the solution. Emphasize to standard the accident certifying body, clear the division of responsibilities prohibit the restructure the limitation and establish the insurance system.