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Study on Tort Liability in Railway High-risk Operation

Author: TangJun
Tutor: ZhangChi
School: East China University of Political Science
Course: Civil and Commercial Law
Keywords: Railway Accident High-risk Operation Criterion of Liability Exemption Infringement Compensation
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 73
Quote: 1
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As an important infrastructure, railway plays a special role in daily life and industrial production. With the highly development of the railway, the transportation situation correspondingly has profound changes. Railway transportation is a high-risk operation and extremely easy to bring danger to surrounding environment and cause losses in property and human life; accordingly, the disputes as arose out of it is gradually increasing. With respect to the relevant legislation upon railway operation in China, the concept of railway accidents, the legal ground, criterion of liability and exemptions, the compensation scope and standards are much debated, which will undermine the dispute settlements and the protection of people’s rights and affect the social stability. Therefore, this article, from the tort law prospective together with the case analysis, focusing on the tort liability of railway high-risk operation, analyzes the controversy issues of tort liability in railway accidents in theory, as well as in practice, and anticipates to comprehensively and clearly study the issue, understand the relevant legislations and make benefit to the practical operation.This article consists of three parts and the main contexts are as follows:Part one analyzing from the conception of railway accidents and based upon the current laws and regulations, clarifies the different meanings regarding the railway accident. It summarizes the main characteristics of railway accident and redefines it. Meanwhile, through comparing with the different views of criterion of tort liability in academic circles, and combining with the inherent features and nature of railway transportation, this article discusses the criterion of liability that should be applied in railway transportation accident.Part two further studies the most controversial issue in terms of the liability exemption in railway transportation. The current laws regarding the tort liability exemption have conflicts and the erroneous understanding may result in different judicial ruling. Thus the central subject of this part are how to correctly understand and apply the tort liability exemption in railway transportation accidents, and the concerns that should be noted in its application.Part three discusses the infringement compensation in railway high-risk operation. The compensation problem from the high-speed railway accident on July 23 has become a topical subject as concerned by legal field and the whole society. Which criterion should be applied in the railway transportation accidents, the full compensation or limited compensation? What is the scope of compensation? Does limited compensation have its applicable principles? To solve these questions, this article makes corresponding analysis.This article tries to figure out the tort liability issues as incurred for railway high-riks operations in theory and practice, and present some useful referent to the further research and practice.

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