Research On Tort Liability Of Railway Traffic Accident

Railway is one of pillar industries of national economy,it has been playing a very important role in the social development.Railway also brings great potential dangers to the surrouding environment and easily causes traffic accidents.With the rapid development of railway industry,more and more disputes being occurred endlessly.In the civil law field and practical department,there are disputes over the Principle of Liability and the Reasons for Defense of Tort Liability of Railway Traffic Accident.The Limitaton Compensation System has some problems,for instants,compensation level is too low,no legal status has been obtained and no restrictions on its application have been imposed.These problems are not conducive to the settlement of disputes and maintenance of the rights and interests of all parties.Therefore,it is necessary to draw lessons from the countries with mature legal system,including relevant principles and rules.Starting from the relevant theories,disputes and problems of the Principle of Liability and the Reasons for Defense and Compensation,I chose "Research on Tort Liability of Railway Traffic Accident" as the title of this paper,analyzed the tort liability from legal theories and comparative law,in order to understand and analyze the tort liability comprehensively,and I want to put forward some suggestions for the amendment and perfection of the Railway Law.This article has three parts.The first part of the paper is an introduction to the tort liability of railway casualty accidents in China.It mainly introduces the concept and scope of railway casualty accidents in China,the nature of tort liability of railway casualty accidents,some cases were collected and analyzed,and the problems in dealing with such tort liability in practice were summarized.The writing of this paper originates from these problems in practice.Therefore,only by discussing these problems in detail,can we put forward more accurate and comprehensive suggestions for the revision of the Railway Law.The second part of the paper mainly discusses the problems in practice,including the application of the principle of imputation in tort liability of railway road casualty accidents,the definition of defenses and the analysis of the related problems of the limited compensation system.Each part puts forward the existing viewpoints and disputes,and puts forward its own viewpoints on the basis of legal theory and comparative law,in order to clarify the relevant issues of tort liability for railway road casualties.The third part of the paper is based on the previous full discussion of various issues,andputs forward specific suggestions for the revision of the Railway Law.Including:in the Railway Law,the principles of liability attribution and the reasons of defense should be clearly defined;in the Railway Law,the system of limited compensation for personal injury caused by railway accidents should be stipulated,so that it has a legal status,and according to the different degree of injury of victims,different compensation limits should be determined,and provinces with similar considerations should set up unified compensation.Limits should replace the establishment of a unified national compensation limit;strictly restrict the application of the limit compensation;determine the adjustment mode of reasonable compensation standards;improve the supporting measures of the system of limited compensation for personal injury caused by railway accidents;establish a liability insurance system in the field of railways,so as to better protect the legitimate rights and interests of victims and disperse the risks of railway enterprises.