· Document Number：No. 5 [2010] of the Interpretation of the Supreme People’s Court

· Area of Law： Civil Law

· Level of Authority： Judicial Interpretation

· Date issued：03-03-2010

· Effective Date：03-16-2010

· Issuing Authority： Supreme People's Court

· Status： Effective

Announcement of the Supreme People's Court of the People's Republic of China
The Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Cases Involving Disputes over Compensation for Personal Injuries in Railway Transport, which was adopted at the 1482nd meeting of the Judicial Committee of the Supreme People's Court on January 4, 2010, is hereby promulgated and shall come into force on March 16, 2010.
March 3, 2010
Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Cases Involving Disputes over Compensation for Personal Injuries in Railway Transport
(Adopted at the 1482nd meeting of the Judicial Committee of the Supreme People's Court on January 4, 2010 No. 5 [2010] of the Interpretation of the Supreme People's Court)
To correctly hear the disputes over compensation for personal injuries in railway transport, and protect the legitimate rights and interests of all parties concerned according to law, we hereby give our interpretation as follows regarding the relevant issues concerning the application of law in accordance with the General Principles of the Civil Law of the People's Republic of China, the Railway Law of the People's Republic of China, the Civil Procedure Law of the People's Republic of China and other laws, and in light of the trial practice:
Article 1 This Interpretation shall be applicable to the people's courts' trial of the cases about disputes over compensation for person injuries in railway transport as a result of railway traffic accidents and other railway operational accidents.
Personal injuries that occurred to railway employees who have established employment contractual relationships with or have entered into employment relationships with railway transport enterprises in their performance of duties shall be dealt with according to the laws regulating employment relationships and other relevant laws.
Article 2 The victims of personal injuries in railway transport, the legal dependents the victims, and the close relatives of the victims who die shall be the obligees to compensation and are entitled to claim compensation.
Article 3 Where an obligee to compensation requests the opposite party to bear the liability for tort, the railway transport court of the place where the accident occurred, the place where the train first arrived or the place where the defendant has his domicile shall have jurisdiction; and if the obligee to compensation requests the carrier to bear the liability for breach of contract and to make compensation for personal injury under the Contract Law, the railway transport court of the place of departure or destination of transport, or where the defendant has his domicile shall have the jurisdiction.
Article 4 Where any personal injury is caused due to railway transport, the railway transport enterprise shall be liable for compensation unless it is otherwise provided by law.
Article 5 Where any personal injury has occurred during railway transport, and the railway transport enterprise provides evidence to prove any of the following circumstances, it shall not bear compensation liability:
(1) the personal injury is caused by any force majeure; or
(2) the personal injury is caused deliberately by the victim by lying on the rails, collision, etc.
Article 6 Where any personal injury is caused due to the fault of the victim who crosses a railway line by climbing over, passing through, destroying, or moving the protective walls, fences or other protective facilities on both sides of the railway line, stows away any goods on a train, climbs up or hangs himself on a moving train, passes through a railway bridge or tunnel without pedestrian crossing, climbs onto an elevated railway line, or enters into a railway line, station, goods site or any other railway operating area without permission, the court shall properly reduce the compensation liability of the railway transport enterprise according to the degree of fault of the victim and handle the case respectively according to the following circumstances:
(1) If the railway transport enterprise fails to fully perform the obligation of security protection or warning, and the victim has any of the aforesaid faults, the railway transport enterprise shall bear the compensation liability between 20% and 80% of the total loss; and
(2) If the railway transport enterprise has fully performed the obligation of security protection or warning, etc., but the victim still has any of the following faults, the railway transport enterprise shall bear the compensation liability between 10% and 20% of the total loss.
Article 7 Where any victim is at fault when crossing an unclosed railway line so that personal injury is caused, it shall be dealt with according to the preceding Article.
Where any victim, regardless of the dissuasion of the persons on duty or ignoring the warning signals or signs forbidding pass, forcibly passes through a grade crossing or railroad pedestrian crossing, or vertically walks along a railway line, or sits or lies on a railway line so that personal injury is caused, the railway transport enterprise shall bear no compensation liability provided that it has provided evidence to prove it has fully performed the obligation of security protection or warning.
Article 8 Where the railway transport causes personal injury to any person incompetent for civil conduct, the railway transport enterprise shall be liable for compensation; and if the guardian is at fault, the compensation liability assumed by the railway transport enterprise shall be reduced according to the degree of fault of the guardian, but shall not be less than 50% of the total loss.
Where the railway transport causes personal injury to any person with limited capacity for civil conduct, the railway transport enterprise shall be liable for compensation; and if the guardian and the victim are both at fault, the compensation liability assumed by the railway transport enterprise shall be reduced according to the degree of fault of them, but shall not be less than 40% of the total loss.
Article 9 Where a collision between a railway locomotive and a motor vehicle causes personal injury to any person other than the driver of the motor vehicle, the railway transport enterprise and the driver of the motor vehicle shall bear joint and several compensation liabilities to the victim. The railway transport enterprise and the driver of the motor vehicle shall share the liabilities according to their fault; and if neither party has any fault, they shall share liabilities under the principle of equity. The party by whom the compensation liability actually has paid to the victim exceeds its own share shall be entitled to recover from the other party.
Where a collision between a railway locomotive and a motor vehicle causes personal injury to the driver of the motor vehicle, it shall be dealt with according to Article 4 to Article 7 of this Interpretation.
Article 10 Where any personal injury is caused due to an accident which occurred at an unguarded railway crossing under the custody of a non-railway transport enterprise, the railway transport enterprise shall be liable for compensation according to the relevant provisions of this Interpretation. If the management entity of the crossing is at fault, the railway transport enterprise shall be entitled to recover from the management entity of the crossing after it has paid compensation to the obligee to compensation.
Article 11 Where any railway bridge, culvert or any other facilities can not be used normally due to the failure of the entity which assumes the responsibility of management and maintenance for such railway bridge, culvert or any other facilities to perform its duties, and results in personal injury when a pedestrian or vehicle passes through the railway line, the railway transport enterprise shall be entitled to recover from the said entity after it has paid compensation in accordance with the relevant provisions of this Interpretation.
Article 12 Where any personal injury of a passenger has occurred during the period of passenger transport by railway, and the obligee to compensation requests the railway transport enterprise to bear the liabilities for breach of contract, the people's court shall, in accordance with Article 290, Article 301, Article 302 and other provisions of the Contract Law of the People's Republic of China, determine whether the railway transport enterprise shall be held liable and if it is, the size thereof; and if the obligee to compensation requests the railway transport enterprise to bear the compensation liability for tort, the people's court shall, in accordance with the relevant laws on tort liability, determine whether the railway transport enterprise shall be responsible for compensation, and if it shall, the size thereof.
Article 13 Where any personal injury is caused to a passenger due to the tort by a third party during the period of passenger transport by railway, the third party committing the tort shall be liable for compensation. If the railway transport enterprise is at fault, it shall bear the corresponding supplementary compensation liability to the extent of its capacity to prevent or stop such injury. The railway transport enterprise shall be entitled to recover from the third party after it has paid compensation.
Where a third party outside a train hits the train by throwing stones, etc. and causes personal injury to any passenger in the train, and the obligee to compensation requests the railway transport enterprise to make compensation beforehand, the people's court shall sustain such request. The railway transport enterprise shall be entitled to recover from the third party after it has made compensation.
Article 14 For an accident determination letter produced by an organization which is entitled to make an accident determination according to the Regulation on the Emergency Rescue, Investigation and Handling of Railway Traffic Accidents and other relevant provisions, if, through cross-examination at court hearing, the party concerned has no contrary evidence and reasons to disprove the facts affirmed in the accident determination letter, the people's court shall take such letter as the basis for affirming the facts.
Article 15 This Interpretation shall be applicable to the cases wherein personal injury is caused by transport on the special railway and special railway line and the owner, user or manager of the tool or equipment causing the accident is liable for the compensation.
Article 16 If there is any discrepancy between the judicial interpretations promulgated by the Supreme People's Court before and this Interpretation, this Interpretation shall prevail.
Where a final judgment has been made for a case before this Interpretation comes into force but after this Interpretation comes into force, a party concerned applies for retrial of the case or a retrial of the case is decided under the trial supervision procedure, this Interpretation shall not apply.