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Railway Accidents Personal Injuries To Passengers And Cabin Luggage Loss Approach

Original Language Title: 铁路旅客人身伤害及自带行李损失事故处理办法

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(August 1, 2003 the Ministry released 12th) Chapter I General provisions article I-prompt and impartial handling personal injury and cabin luggage loss accidents, protect legal rights passengers, according to the regulations on the regulation of railway passenger transport damages (function [, 1994]81) and other relevant laws, regulations and measures are formulated. Second approach applies to the national railway and other railways and national railway through transport occurring in the course of business or personal injury and loss of baggage compensation.
    Joint venture railways, local railways and other tube similar accidents in railway transport enterprises deal with these rules shall apply, mutatis mutandis.
    Occurs during shipping without the station agreed to ride without a ticket, and train personnel in the personal injury occurred in the course of transport, its rescue procedure these rules shall apply, mutatis mutandis.
    Personal injury accident article, station, train staff should be in line with the strong sense of responsibility for people's lives and health, in favour of rescue measures to give relief.
    Fourth, after the accident, accident and incident units should be a spirit of pragmatism and principle, and in accordance with the law, active and responsible to handle the accident.
    Chapter II personal injury accident types and rank fifth passenger bodily injury which are divided into three types: (a) injury: injured less seriously injured. (B) injuries: physical disability, good damage, loss of vision, hearing loss and organ function.
    Specific reference to the appraisal standard of body injury issued by the Ministry of Justice.
    (C) death.
    Sixth passenger personal injury accidents are divided into six categories: (a) the minor injury accident: is the only minor injuries there is no serious injury and death accidents.
    (B) serious injuries: refers to a serious injury there is no fatal accidents.
    (C) the General accident: means of accidents resulting in death of 1 to 2 people at a time.
    (D) the major accident: refers to a 3 deaths and 9 accident.
    (V) casualty accident refers to an accident killed 10 to 29 people.
    (F) the major accident: accident refers to the death of more than 30 people at a time. Chapter field of personal injury accident during the processing of the seventh station or personal injuries to passengers on the train, the conductor or station passenger transport officer (three below the station to station, below) and the public security officers view passengers in passenger attendant shall, together with the degree of injury, take timely rescue measures.
    Injured passengers on the train at the pay station, should inform the station prepared for rescue work.
    Passenger trains or stations when food poisoning three or more, the conductor, Director of the passenger station (webmaster) shall promptly notify the front stops or station health and epidemic prevention departments and public security departments, and site protection.
    Personal injuries to passengers when there should be blocked the scene of the accident, ban has nothing to do with rescue, investigation personnel.
    High numbers of casualties among passengers accident occurred, the station, the trains when necessary, requested local governments to help organize rescue. Article eighth found passengers in car, should immediately stop processing (except when express train does not endanger the safety of trains). Does not have to stop or delay when found, the captain shall notify the nearest station by train Guard sent someone to look for.
    Meanwhile, the conductor should be the front stop sent telegrams, belongs to the accident branch (railway company) and trains served as railway stations and railway authorities report.
    Nineth personal injuries to passengers when the accident occurred, conductor, Director of station passenger transport shall, jointly with the Railway Police Department to examining the accident scene, checks passenger ticket by the ticket types, ticket number, station, train number, period of validity, and shear conditions; collect not less than two persons traveling or witness testimony and evidence, and protect evidence. Collected the testimony of a witness, and witnesses shall be recorded the name, sex, age, address, contact information, social security number, and so on.
    Testimony, evidence shall be accurate, truthful, and being able to prove how and why the accident happened. Article tenth personal injuries to passengers on the train, injured passengers transferred more than three such stations should be (when you stop at an interval for the nearest station), station shall not be rejected. Train station transfer procedures, preparation of passenger records in duplicate (one filed by, a station, bus transfer), together with the tickets and carry-on items list, evidence over.
    Personal injury to passengers is due to fights and other security or criminal cases caused by train marshals should sign the passenger records.
    11th due to special circumstances before written records, the conductor must be assigned to get off and handing over the station, and must be dealt with in the 3rd to submit related materials.
    When the train for some reason failed to timely transfer of injured passengers and related materials, passenger railway transport enterprises within the statutory time limit, to claim and can prove that the damage occurred during transport, train accident should be in line with the principles of convenience, medical home station or dispatched, arriving transfer passengers, were transferred to the station should be accepted.
    12th article station on this station occurred, and found or train transfer of injured passenger should timely sent near or has treatment conditions of hospital rescue; sent railway hospital Shi can by stamped has station or passenger room seal of passenger records and hospital handle medical procedures; sent place hospital must first paid deposit Shi, available station sums advance; use station sums Shi, fill in or fill fill "transport sums moving support voucher" (fiscal received-29), 5th within by accounting station or car works paragraph financial funding returned.
    Living during the 13th injured passengers hospitalized advances made from the passengers, passengers or their families do have difficulties, treatment station (trainmaster) approval, sums paid until after the accident liability, borne by the responsible or responsible units. 14th in rescuing injured passengers died or in stations, passengers whose body was found, confirmed by the public security organ or the medical sector following the death of station should be temporarily being stored and transferred to the funeral home as soon as possible. The dead tickets, clothing, etc should be kept properly and to inform their families. Such as the identities of the dead, when the address is not clear or the family does not come, or when the death cause of injury deaths required investigation, according to the public security organ to the views of the body of the deceased, do forensic body if necessary.
    Body in principle no more than seven days. Fourth chapter inform the 15th station, train personal injuries to passengers when the accident occurred, immediately to the competent Department and the relevant railway station, railway authorities send a quick report of accident, when conditions permit, shall be used to telephone survey of reported accidents. When major accidents and above should be step by step report to the higher authorities.
    Quick report of accidents include: (a) the type of incident; (b) the date, time, number, (iii) place, station, mileage, (iv) loss of passenger names, gender, nationality, ethnicity, age, occupation, company, address, ticket type, station, ticket number, social security number, (v) profile of accidents and casualties. 16th at the station or line found on the vehicle passengers, the discovery or notice shall promptly inform the train at the station.
    Trains concerned received notification shall immediately investigate, collect evidence, including witness testimony material and passenger luggage and transfer of accident treatment station within three days. The fifth chapter accident personal injury accident during work group and its 17th, it shall establish a working group on accident.
    Accident management working group is composed of the following units and is composed of: (a) the treatment station (Depot) or the competent sector; (b) co-responsibility unit or units and its superior departments; (iii) accident police station and (iv) units or personnel associated with the accident.
    18th incident processing working group typically handled by accident (vehicle depot) webmaster (long) as; when a major accident occurs, where the accident took place long branch is the head of the railway branch; serious and especially serious casualties accidents, head of the railway Bureau in which the accident occurred. 19th article accident processing working group leader units is responsible for following work: (a) handle injured passenger medical matters; (ii) collection accident about information, established files; accident files in the due: passenger records, and witnesses testimony, and tickets, and hospital proved, and site photos or diagram, and search revelation, and police sector site inspection record, and identification conclusion and processing body views,; (three) verified casualties passenger identity, notification casualties passenger family or sent search Revelation; (four) held accident analysis will, analysis accident reasons,
    Accountability unit (v) deal with dead passengers their bodies; (f) consultation with passengers or their heirs, agents handle payment; (g) other matters relating to the accident. Article 20th after the accident, accident investigation and analysis will be held in a timely manner.
    Railway stations should participate in major accident investigation analysis; railway company should participate in extra, especially major accidents investigation and analysis.
    Investigation and treatment of government safety supervision and management departments should be personal injuries to passengers, in accordance with the relevant provisions of the State. Chapter Sixth accident processing cost article 21st passenger injuries needed treatment, medical expenses according to the actual needs, with hospital documents, borne by railway transport enterprises, but its usually not exceeding limits of liability.
    Personal injuries to passengers in railway transport enterprises exemption provided by laws and regulations, the medical costs borne by the passenger. Passenger's own responsibility or liability for third parties resulting in personal injury, medical expenses borne by the person responsible.
    When a third person is not clear or cannot afford, the railway transport enterprises after the advance payment, recourse to a third person. 22nd the passenger injured body parts after treatment of immunodeficiency, should be in accordance with the degree of immunodeficiency pay part of the compensation and benefits. Traveler's body portion two or more injured and lost should be added benefit, but cannot exceed the maximum amount of compensation, benefits. Passengers injured after cured inorganic effects, insurance 5%, as appropriate, within the maximum limit of compensation payments. Death of the passenger maximum payout limits.

    23rd such as railway transport enterprise shall be able to demonstrate personal injuries to passengers by railway transport enterprises and the common fault of the passenger, there should be a corresponding reduction of railway transportation enterprise's liability.
    24th handling accidents need to happen other costs (such as carcass, autopsy, inquest, notices and other expenditures directly associated with the incident) together with processing fees were charged in the accident and incident report stated. 25th due to accident insurance, compensation, medical costs, other expenses, duty units (when other departments responsible for railway transport enterprises, transfer responsibility units of railway branch), by more than accident Bureau will transfer the costs to units.
    No obligation, go accident units.
    Article 26th accidents involving more than two units, its accident costs shared by the responsible units, and proportion by weight of responsibility determined by the Working Group on accident. Chapter seventh accident compensation program 27th compensation for injuries passengers should generally be at end of treatment or body when processing is complete.
    By passengers or their heirs, agents (agent written authorization shall be issued by the principal) proposed "railway passenger personal injury accident compensation claim", and proof of hospital treatment, treatment of point for compensation, the amount of compensation for defined benefit basis. 28th incident processing Working Group received "railway passenger personal injury accident compensation claim" shall, after consultation with passengers or their heirs, representatives as soon as possible to handle compensation. Handling of administrative compensation shall be drawn "railway passenger personal injury accident final agreement", no objection to the content contained in the agreement is signed and sealed "seal" effect.
    Meanwhile, the clauses "railway passenger personal injury accident claim notice", timely compensation, benefits paid to passengers or their heirs, agents. 29th to the responsibility for the accident or the unit transfer, issued by the railway branch of financial sector transfer "notices" (7), together with the "railway passenger personal injury accident final agreement" transferred responsibility for the accident or the unit.
    Liability or receiving transfers "notices" information, cost transfers to the accident should be 10th station more than 10th, each 1st, according to charges payable 0.5% pay a late fee.
    30th case of accident cases, a roll, and by accident treatment station, storage, file shelf life is 5 years.
    Eighth chapter responsibilities article 31st railway passenger bodily injury liability is divided into passenger's own responsibility for railway transport enterprises, third party liability, liability and other liability.
    Visitors violating the railway safety regulations and does not obey railway staff guidance, to discourage illegal behavior or other causes of damage to itself, which belongs to the passenger's own responsibility.
    Due to staff positions in railway transportation enterprises and facilities causes damage caused to passengers, belongs to the responsibility of railway transport enterprise.
    The passenger railway transport enterprises and persons other than the parties to the damage caused by visitors, is a third-person liability.
    Not the damage caused by the three responsibilities, belonging to other responsibilities. 32nd responsibilities are divided into passenger railway transport enterprise sector responsibility and other responsibilities such as driving.
    Responsibility responsibility responsibility is divided into the station and trains passenger Department. Has following case one of of, belongs to station responsibility: (a) passenger holding votes pit or got off Hou in wicket within for organization improper caused hurt of; (ii) lack Guide logo or about Guide logo not accurate and misleading passenger occurred hurt of; (three) station equipment, and facilities bad caused passenger hurt of; (four) station sales of food caused passenger food poisoning of; (five) for errors sale, and errors cut kept station tickets caused passenger jumped car of; (six) in provides stop ticket Hou continues to ticket release or ticket release time insufficient,
    Passengers take trains on resulting injury; (VII) fire and explosion caused by illegal operation, poor management, passenger injury; (VIII) incident the Group has reason to believe that the responsibility belongs to the station.
    Has following case one of of, belongs to train responsibility: (a) due to door not lock caused passenger jumped car, and pendant car or station within back door got off caused passenger hurt of; (ii) for train staff of fault, led passenger in not handle took drop of station (including interval parking) got off caused personal hurt of; (three) due to organization poor, passenger got off squeeze, and fell caused hurt of; (four) station errors sale, and errors cut tickets, train failed to properly processing caused passenger jumped car hurt of;
    (V) errors resulting from error Stops the train passengers get off and cause damage; ~09. forest management approaches (July 21, 2003 the State forestry administration released 9th) Chapter I General provisions article in order to strengthen the forestry standardization work, promoting the development of forestry ecological construction and industry, in accordance with the People's Republic of China standardization law and relevant provisions of national standardization, these measures are formulated.
    Second forestry standardization in these measures, including formulating and revising forestry standards, organizing and implementing forestry standards, monitoring of implementing forestry standards.
    Third under any of the following need to be harmonized technical requirements of forestry, forestry standards should be developed (including standards). (A) forestry technology terms, and and forestry about of symbol, and code (containing code), and legend, and icon; (ii) forestry ecological engineering construction and forestry production construction and job process in the on guarantees human health and personal, and property security of technology requirements, including environmental protection of technology requirements; (three) forestry ecological engineering construction and forestry production of exploration, and planning, and design, and construction job and acceptance of technology requirements and method, including create forest production technology requirements; (four) forest, and wild flora and fauna, and
    Wetland and desert resources business, and management, and protection and utilization technology requirements; (five) forest, and wild flora and fauna, and wetland resources, and desert of and sandy land survey, and monitoring and information management technology requirements and method; (six) forestry production by needed raw materials, and material and forestry industry unique of drug, and equipment, and machines of technology requirements; (seven) forestry products, and forest seedlings of quality, and security, and health requirements and test, and test method and packaging, and store, and transport of technology requirements;
    (Eight) forest fire and forest pest control of technology requirements, forest, and wild flora and fauna quarantine, and test method and technology requirements; (nine) digital forestry and information management technology requirements and method; (10) nature reserve construction management technology requirements; (11) forest landscape resources survey, and planning, and protection and utilization of technology requirements and method; (12) other need unified of forestry technology requirements.
    Article meets one of the following items, to make the forestry standardization guidance technical document: (a) the technology is still in development, the file needs to have the appropriate standards to guide their development or has a standardized value and not for standard-setting projects, (ii) by the International Organization for Standardization, International Electrotechnical Commission, as well as other international organizations (including regional organizations) technical report of the project.
    Article fifth forestry standards, forestry industry standards include mandatory and voluntary standards. Following standard for mandatory standard: (a) forest food health standard, and for forest and wild flora and fauna growth development, and forest fire and forest pest control of chemical products standard; (ii) forestry ecological engineering construction and forestry production, and hunting field construction of security and health (containing labor security) standard, forest products production and store transport, and using process in the of security and health (containing labor security) standard; (three) forest flora and fauna quarantine standard; (four) important of involved technology convergence of pass