Research On Personal Injury Compensation In Railway Transportation

For quite a long time, our laws and regulations of personal injury compensation in railway transportation in our nation were more like principle statements, mostly regulated in civil law and railway law. Other regulations, such as administrative legislations dominated by department’s leading and a few judicial interpretations, have some law conflicts between them. People always pay high attention to the issues on the scope and the principle of personal injury compensation after the railway accident, especially after “7.23 Yong-Wen line major transportation accident”. Therefore, some attitudes and ways from the judicial practice field have changed a lot, aiming to solve cases of personal injury compensation reasonably. With the promulgation of judicial interpretation of compensation for personal injury in railway transportation from the highest people’s court in 2010, it enables laws and regulations to be externalized from the basis of legal liabilities, the sharing of legal liabilities and the scope of compensation, providing more concrete operations and unified legal standards in judicial practice.This paper further discusses on the problem of personal injury compensation in railway transportation. The first chapter describes the definition, characters and disputes. The second chapter analyses the process of establishing the basis of legal liabilities. The third chapter expounds the apportionment of compensation. The fourth chapter is about the scope and the limit of compensation. Finally, on the basis of former discussions, the last chapter analyses the law conflicts in this field and gives some corresponding countermeasures.