“7·23”铁路交通事故赔偿责任的相关法律问题宪法学与行政法学专业论文.docxVIP

PAGE PAGE VI Abstract With the rapid economic development, Chinese railway entered the era of high-speed rail, high-tech lives convenient, but also ambush the security risks. High-speed rail accidents, and allow people to question the safety of the high-tech accident legal liability commitments have also been concerned about.Railroad accident legal liability for the analysis of objects, “7 ? 23 ”Railway Accident and analytical thinking, and try to propose relevant solutions, can provide a reference for future similar situation. First, the basic theory to sort out. Pair analysis of the concept, deepen the understanding of the legal liability. Were on State Compensation, the constituent elements and civil compensation and legal forms. Secondly, an overview of the “7?23” railway accidents happen to sort out after the accident, the cause of the accident, the nature of the incident and accident compensation situation for finishing instructions Furthermore, the compensation of the main aspects. Will indemnify the main body is divided into organizations and individuals to two major categories of direct compensation to the organization subject to administrative departments and enterprises of two forms, the compensation of third-party organization the main this refers specifically to the insurance company, the personal responsibility of analysis proposed by individual accident compensation in the vision. Again, the amount of compensation. “7?23” Accident Compensation Standards, the legal basis to sort out that application of tort law, the Railway Act conflict, you need to select the NPC Standing Committees ruling applies to. Railway Insurance Regulations Ibid method of conflict be rejected. Finally, the source of railway accident compensation. A civil compensation body has been missing; the lower the compensation capacity of the railway transport enterprise, liabilities and inadequate; the intervention of the three commercial insurance companies. Put forward