Research On The Legal Regulation Of Safety Risks Along Railway Lines

Railway is the main artery of national economy,the key of infrastructure and the important livelihood project.Railway safety concerns the national security and the safety of citizens’ lives and property.However,with the continuous expansion of the construction scale of Chinese railway network and the rapid development of urbanization,the external environmental problems along the railway line have been increasingly prominen.The problems have been one of the vital risks to the railway traffic safety and the traffic rules.Therefore,by analyzing the current situation of the legislation of the safety risks along the railway,the problems of the safety along the railway and the causes,this thesis gives the legal countermeasures to perfect the regulation of the safety risk along the railway.Based on the data of many safety accidents along the railway,this thesis is divided into four parts:The first part is a basic introduction of the safety risks along the railway lines.According to the provisions of “Railway Law”,“Regulations on the Safety Management of Railways” and “Measures for the Safety Protection and Management of High-speed Railways”,defining its concept and types.Secondly,it summarizes the types of safety risks along the railway line and dangers,summarizing the characteristics of safety risks along the railway line and the necessity of legal regulation.The second part analyzes the current situation of Chinese legislation on safety risks along the railway line,which is divided into four levels: laws,administrative statutes,departmental regulations and other standard documents,finding out the problems of the legislation.In the third part,by analyzing the typical cases of safety accidents along the railway lines in recent years,finds out the problems of the practice along the railway line safety in China: It’s difficult to control the safety risks along the railway,the supervision and management of safety risks along the railway line is not enough,weak legal awareness of people along the railway line,light punishment,railway enterprise’s govern work is not in place.By finding out the problems of the practice and analyzing the causes of the problems: The safety risks along the railway involve a wide range,supervisory system is not well,lacking of publicity,hard to proof illegal behavior,railway enterprise’s work along the railway line is not perfect.The last part is about the present legislation situation,the corresponding legal countermeasures are put forward:(1)Perfect the law about railway safety,to establish a systerm for the advance coordination of the railway enterprise,the railway supervisory departments and the environmental departments,and to improve the offence-reporting system.(2)To improve the supervisory system.Improve the long-term systerm of goverment and railway relevant departments joint work.Then we will improve the system of disclosure of safety information along railway lines,with the strength of the public to urge the relevant departments to control safety risks along the railway lines.(3)Strengthen efforts to propaganda of railway safety law,make clear the main subject of responsibility and take on the responsibility of publicizing the law of railway safety.Then determine the ways of publicity for security law: school publicity,government publicity,media publicity.(4)Perfect the construction of safety risks along the railway line.First of all,to establish a professional law enforcement team;Secondly,the executive branch must work strictly.(5)Improve the management of railway enterprise.To clarify internal responsibility of the railway enterprise;Secondly,to establish the safety work standards along the railway;At last,to strengthen the construction of the internal personnel team.