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Railway Dangerous Liability System Research

Posted on:2016-11-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y QianFull Text:PDF
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With the rapid development of the socio-economic level, railway travel has become the people’s daily travel by public transport the most important way, huge carrying capacity of rail transport, high-speed and convenient transportation and other characteristics, so that the role and status of rail transport is also increasingly unshakable.As in recent years, high-speed trains, intercity trains and the emergence of EMU, highlights the advantages of rail transport. However, this is highly dangerous job on the railway transport industry, the more prone to transport accidents, resulting in personal and property disputes.In civil law, it has been the concept of liability of infringement highly dangerous job, responsibility principle, exemptions and other detailed provisions made, taking into account the special nature of the relevant state departments for rail transport clearer assignment of responsibilities and compensation standards, also has We developed a method and a single law many departments having a specific targeted. While the purpose of these laws and regulations are enacted in order to properly resolve disputes caused by rail transport accidents, but the legislation itself but among these there are many disputes and conflicts, making real precedents for similar cases to make judgments differ, more is not conducive to the maintenance the legitimate rights and interests of the injured party and the harmony and stability of society.For these reasons, this article "Civil Law", "Tort Liability Act," "Railway Law" and other laws for the research base, through research on tort liability legislation dangerous principle, analyzes the status quo of China’s railway dangerous and institutional responsibility insufficient, and further improve the railway dangerous responsibility of supporting systems, provide a reference for the realization of rail transport personal injury compensation distributive justice, to provide a strong theoretical basis and legal backing for actual cases.The text is divided into four chapters, the main content is as follows:The first chapter begins with the concept of dangerous liability, dangerous liability imputation principle, the constitutive requirements of dangerous liability, in the theory and the theory of relying on advantages of law, expound the origin, development and status quo of the doctrine of law factions, inductive dangerous responsibility system development and the enlightenment, to clear, the concept of dangerous liability to contrapose to clarify the three mainstream theories and definition of the danger liability principle.The second chapter summarizes and comments on China’s railway dangerous responsibility system of laws and regulations, judicial interpretations and relevant analysis of the current railway laws and regulations for railway dangerous responsibility, the principle of imputation of regulations and applicable.The third chapter on the basis of limit compensation system, and puts forward the problems existing in the relevant systems and regulations itself, to find and analyze the legislative defects, that is the goal of this chapter.The fourth chapter mainly discusses how to perfect our country from the Angle of legislation and supporting measures of railway dangerous responsibility system, to realize railway dangerous liability distributive justice.The author hope that through this article theoretical discussion and research, clarify the railway dangerous tort liability in our country in all sorts of problems that occur in the reality, puts forward feasible Suggestions and ideas, in order to achieve the final purpose of provides the strong basis for the legislation and case.
Keywords/Search Tags:High-risk operations, Responsibility principle, exemptions, limits for compensation, distributive justice
PDF Full Text Request
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