On The Rescission Of Railway Passenger Transportation Contract

As a transportation contract,railway passenger transportation contract should be regulated by Civil Law and Contract Law.However,during the period since the founding of the People’s Republic of China until the end of the 20th century,China’s railway passenger transportation has been in a state of monopoly by the government.Therefore,the relevant legislation on railway passenger transportation contracts has not been supported by contract theory.Moreover,the study of the contract theory in our country did not mature until the 21st century.In recent years,government agencies began to reform.The government has begun to decentralize its powers.The Ministry of Railways has been split into the China Railway Corporation and the State Railway Bureau.Railway passenger transportation is also gradually becoming market-oriented.So the law revision work should first be followed.At present,the "Railway Law" has been revised in 2015,and the clearance of relevant railway administrative regulations and departmental normative documents is also in full swing.This article is based on the issue of railway passenger transportation refund,witch is concerned by people.This article uses the contract theory(and some economic law viewpoints)to carry out analysis and research,with a view to making the railway passenger transport market-oriented and railway-related legislation a little meager contribution.The discussion in this article focuses on parts 2 and 4.The main points are as follows:1.The railway passenger transportation contract takes effect when it is established;2.The passenger side of the railway passenger transportation contract shall enjoy the right to arbitrarily terminate the contract;3.The scheduled period of the passenger’s right to arbitrarily terminate the contract begins when the contract is established,and ends when the train reaches the last station recorded in the railway ticket.Passengers may cancel the contract arbitrarily before the arrival of the last station recorded in the railway ticket;4.If passengers exercise the right to terminate the contract,the contract will be eliminated in the future;5.The legal nature of the railway passenger ticket refund fee is compensation for damage,which is caused by arbitrary termination of the contract;6.The passenger also enjoys the General Statutory Right To Rescind The Contract.The General Statutory Right To Rescind The Contract and the right to arbitrarily terminate the contract are the rights to compete.7.When the passenger exercises the General Statutory Rescission Right Of Contract,The carrier should compensate passengers for losses(Compensation is limited);8.Railway carriers enjoy special statutory right to dismiss the contract because of public safety;9.Railway carriers also enjoy the General Statutory Rescission Right Of Contract.In the fifth part of this paper,the author proposes some suggestions and reasons for the amendment of some relevant laws and regulations based on the theoretical viewpoints of this article.