铁路旅客运输损害赔偿规定
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(Approved by the State Council on August 13, 1994 and promulgated1 by Ministry2 of Railway on August 30, 1994)
颁布日期:19940830  实施日期:19940901  颁布单位:铁道部

  Article 1 These Provisions are enacted3 in accordance with Railway Law of the People's Republic of China and with a view to defining the liability for damages paid by the railway transportation enterprise to the passenger, and to guaranteeing the legitimate4 rights and interests of the passenger.

  Article 2 These Provisions shall apply to the compensation for the casualty accident of passenger and the damage of personal luggage during the period of railway passenger transportation within the territory of the People's Republic of China.

  The period of railway passenger transportation as referred to in aforesaid paragraph is calculated from the moment when the passenger checks in and enters into the railway station to the moment when the passenger arrives at the destination and comes out of the railway station.

  Article 3 Passenger as referred to in these Provisions is a person who takes the train with valid5 ticket, or a child who takes the train free of charge in accordance with relevant provisions of railway authority of the State Council.

  With the consent of the railway transportation enterprise, a person supervising the goods aboard the train covered by a contract of railway transportation of goods is regarded as a passenger.

  Article 4 Should the casualty accident of passenger and the damage of personal luggage be due to force majeure or the passenger's self-causation, the railway transportation enterprise shall not be liable therefor.

  Article 5 Should the railway transportation enterprise be liable for compensation under these Provisions, the limitation of damages for casualty accident of the passenger: not exceeding 40000 RMB per passenger; the limitation of damages for damage to personal luggage: not exceeding 800 RMB per passenger.

  A higher limitation of damages than that of aforesaid paragraph may be agreed upon a written contract between the railway transportation enterprise and the passenger.

  Article 6 The compensation paid by the railway transportation enterprise in accordance with these Provisions shall not affect the passenger to get the payment of the insurance indemnity6 according to relevant provisions of the state concerning forced insurance in accidental damage for railway passenger.

  Article 7 The compensation paid to foreigners, overseas Chinese, compatriots from Hong kong, Macao and Taiwan may be converted into the currency of the country or region concerned and the rate of exchange shall be set by the exchange rate announced by the authorized7 bank of the People's Republic of China at the date on which the compensation is paid.

  Article 8 The claim for compensation against the railway transportation enterprise shall be made by the passenger or his heir within one year counting from the day on which the accident occurred.

  The railway transportation enterprise shall reply to the claim for compensation within 30 days counting from the claim is received.

  Article 9 In the event that a dispute with respect to the compensation for damage arises between the passenger or his heir and the railway transportation enterprise, they may bring a suit before the people's court.

  Article 10 These Provisions shall come into force as of September 1, 1994.



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1 promulgated a4e9ce715ee72e022795b8072a6e618f     
v.宣扬(某事物)( promulgate的过去式和过去分词 );传播;公布;颁布(法令、新法律等)
参考例句:
  • Hence China has promulgated more than 30 relevant laws, statutes and regulations. 中国为此颁布的法律、法规和规章多达30余项。 来自汉英非文学 - 白皮书
  • The shipping industry promulgated a voluntary code. 航运业对自律守则进行了宣传。 来自辞典例句
2 ministry kD5x2     
n.(政府的)部;牧师
参考例句:
  • They sent a deputation to the ministry to complain.他们派了一个代表团到部里投诉。
  • We probed the Air Ministry statements.我们调查了空军部的记录。
3 enacted b0a10ad8fca50ba4217bccb35bc0f2a1     
制定(法律),通过(法案)( enact的过去式和过去分词 )
参考例句:
  • legislation enacted by parliament 由议会通过的法律
  • Outside in the little lobby another scene was begin enacted. 外面的小休息室里又是另一番景象。 来自英汉文学 - 嘉莉妹妹
4 legitimate L9ZzJ     
adj.合法的,合理的,合乎逻辑的;v.使合法
参考例句:
  • Sickness is a legitimate reason for asking for leave.生病是请假的一个正当的理由。
  • That's a perfectly legitimate fear.怀有这种恐惧完全在情理之中。
5 valid eiCwm     
adj.有确实根据的;有效的;正当的,合法的
参考例句:
  • His claim to own the house is valid.他主张对此屋的所有权有效。
  • Do you have valid reasons for your absence?你的缺席有正当理由吗?
6 indemnity O8RxF     
n.赔偿,赔款,补偿金
参考例句:
  • They paid an indemnity to the victim after the accident.他们在事故后向受害者付了赔偿金。
  • Under this treaty,they were to pay an indemnity for five million dollars.根据这项条约,他们应赔款500万美元。
7 authorized jyLzgx     
a.委任的,许可的
参考例句:
  • An administrative order is valid if authorized by a statute.如果一个行政命令得到一个法规的认可那么这个命令就是有效的。
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