Study On The Legal System Of Emergency Rescue Of High-speed Railway

High-speed railway technology is a major technological achievement of the railway,which reflects a country's technological and industrial level.In recent years,China's high-speed railway has been built and operated on a large scale,and the technological problems have been solved continuously.These are exciting news,but with the technological progress,the safety risks also come.Throughout the country and abroad,high-speed rail accidents occur from time to time,the cold data and pictures are painful.In 2011,the “7·23”high-speed train rear-end collision accident caused the railway departments and enterprises to be deeply involved in the survival crisis,especially the problems exposed by emergency rescue after the accident,which alerted us that the construction of a rapid,timely and effective emergency rescue legal system is a key measure to protect the personal safety of passengers and reduce the loss of accidents.At present,there are still many problems in the emergency rescue of high-speed railway in China.It is of great practical significance and theoretical value to analyze the problems and their causes in depth through specific cases,and put forward the countermeasures to improve the legal system of emergency rescue of high-speed railway.The main research content of this paper is divided into four parts:The first part firstly enumerates the seven typical high-speed rail accident at home and abroad,detailed introduction of the accident happened,the cause and rescue process,through the analysis of typical case sums up the common characteristics of high-speed railway emergency rescue,including the complexity of the urgency of the rescue time,rescue situation,destructive and rescue rescue process business professionalism;It also analyzes the difficulties of rescue,including difficulty in timely rescue,difficulty in professional rescue,difficulty in orderly rescue and difficulty in effective rescue.The second part analyzes the problems existing in the emergency rescue of high-speed railway in detail from the four aspects of “personnel”,“equipment”,“technology”,“management system”.The problem of “personnel” is that the number of emergency rescue teams is limited and their professional skills are not strong.The main problems of “equipment” are insufficient quantity and advanced equipment.The main problem of “technology” is that the existing rescue technology,dispatch and command technology and communication technology are difficult to meet the real demand;The problems of “management system” are mainly that the press release system of emergency rescue is not perfect,the regional linkage is not smooth enough,and the fund management is not standard enough.The third part analyzes the causes of emergency rescue problems of high-speed railway in China from four aspects: “system and mechanism”,“management system”,“legal guarantee” and “social foundation”.The main reasons of “system and mechanism” are that the crossing system between railway and local government increases the difficulty of rescue and coordination,and the coordination mechanism and emergency guarantee mechanism among various subjects are not perfect.The main reasons for the “management system” are that the awareness of the importance of emergency rescue management needs to be improved,the emergency rescue management system is not standardized enough and the pertinence of the plan needs to be strengthened.The main reasons for the “legal guarantee” are the weak foundation of the rule of law construction in emergency response,the unclear provisions on the legal responsibility of emergency response and the lack of coordination between laws and regulations.The main reasons of “social foundation” are the weak foundation of emergency rescue education,the insufficient publicity and popularization,and the immature development of supporting industries.The fourth part mainly puts forward the countermeasures to improve the emergency rescue legal system of high-speed railway from the four aspects of “professional team construction”,“equipment construction”,“information construction” and “standardized management system”.The countermeasures in the aspect of “professional team construction” are mainly to construct the emergency rescue force system centered on the fire department,improve the standard system of social forces participating in emergency rescue and improve the capability system of emergency rescue teams.The countermeasures of “specialized equipment construction” are to improve the allocation system,management system and use system of specialized equipment for emergency rescue.The countermeasures of “informatization construction” are to improve the informatization construction system of emergency rescue dispatching and command and the informatization construction system of regional coordination.The countermeasures of “standardized management system” are to establish and improve the authoritative and efficient press release system,the flexible regional linkage system of emergency rescue and the scientific and standardized emergency rescue fund management system.