Thoughts On Reconstructing The Compensation System Of Railway Passengers’ Personal Damage Limit

The limit of compensation for personal injury in railway transportation means that in the event of personal injury caused by railway traffic accidents and other railway operation accidents during railway transportation,the railway transportation carrier can bear the liability for compensation within a certain range in accordance with the provisions of the law.Many countries have clearly stipulated in their legislation that railway transportation carriers shall apply a quota compensation system,and they have played an active role in balancing the interests of victims and safeguarding the development of public railway transportation.According to the reasons for the abolition of the compensation system for the personal injury of railway passengers and the current development of the railway transportation industry,the reconstruction of the compensation system for the personal injury of railway passengers has a realistic foundation and feasibility.The revision of my country’s "Railway Law" should include the railway passenger personal damage limit compensation system,distinguish the applicable situations,and scientifically stipulate the compensation standard of the personal damage limit compensation system.In addition,while applying the personal injury limit compensation system,the exclusive jurisdiction of railway passenger personal injury compensation cases should be clarified,and a supporting insurance system and compensation fund system should be established to fully protect the rights and interests of the victims.The first chapter mainly summarizes the limit compensation system as a whole,from three aspects: the legal connotation of the limit compensation system,the different views of the current academic circles on the limit compensation system,and the comparison of the limit compensation system with other similar concepts.From a theoretical perspective,a more detailed introduction to the limit compensation system is carried out in order to provide theoretical support for the rationality of the limit compensation system for personal injury.The second chapter mainly introduces the legislative evolution of the applicable limit compensation system in the field of railway transportation in our country and the reasons why our country decided to abolish the limit compensation system for railway passenger personal injury.Lay a foundation for the reconstruction of a scientific and reasonable railway passenger personal damage limit compensation system.The third chapter mainly demonstrates the basis and feasibility of constructing the compensation system for the personal damage limit of railway passengers.The theoreticalbasis is mainly based on the rationality of the railway passenger personal damage limit compensation system.The practical basis combines the current development status of my country’s railway transport carriers and current judicial practice,and the feasibility combines the current status of my country’s legislation and the legislative experience of other countries..Chapter 4 proposes ideas on how to reconstruct the compensation system for railway passengers’ personal damage limit from the perspective of legislation and actual operation.Realizing the legalization of limit compensation is the foundation,and setting a scientific and reasonable limit of compensation is the basis of application.Differentiating the applicable circumstances can reflect the rationality of limit compensation,clarifying the exclusive jurisdiction of the personal injury of railway passengers is conducive to the scientific nature of the application of limit compensation,and setting up a supporting system for limit compensation can reflect the protection of the rights and interests of victims.