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中华人民共和国铁路法(二)

2009-03-24 法律英语 来源:互联网 作者:
8 A railway transport enterprise shall be liable to compensation for any personal injury or fatality due to traffic accident or other operational accident. It shall hold no liability for compensation for any personal injury or fatality due to force majeure or due to the fault of the aggrieved person oneself.

  Personal injury or fatality resulting from passing the railway track at a level crossing or via a pedestrian cross-walk in violation of relevant regulations or from walking, sitting or lying on the railway track shall be deemed injury or fatality caused by the fault of the aggrieved person oneself.

  Article 59 Major bridges and tunnels of State railways shall be guarded by the Chinese People's Armed Police Forces.

  Chapter V Legal Responsibility

  Article 60 Any person who, in violation of relevant provisions of this Law, has carried any dangerous article into a railway station or on board a train or has consigned for shipment any dangerous article under a name of a non-dangerous article thus causing a grave accident, shall be investigated for criminal responsibility in accordance with Article 115 of the Criminal Law. Any enterprise, institution, State organ, or public organization which commits the crime as specified in this Article shall be imposed a fine, and the person in charge of any of the aforesaid unit and the person or persons immediately responsible for the offence shall be investigated for criminal responsibility.

  Any person who carries dynamite or detonator or who illegally carries firearms, bullets or controlled knives into a railway station or on board a train shall be investigated for criminal responsibility with reference to Article 163 of the Criminal Law.

  Article 61 Any person who intentionally damages or destroys or causes to move or shift any railway signalling installation, or places on the railway track obstacle(s) that might lead to the overturning of a train without having caused serious consequences shall be investigated for criminal responsibility in accordance with Article 108 of the Criminal Law; any person who acts in the

aforesaid manner causing serious consequences shall be investigated for criminal responsibility in accordance with Article 110 of the Criminal Law.

  Article 62 Any person who steals spare part(s) or component(s) of a train operation facility installed on a railway line or equipment or material(s) attached to a railway line, thus endangering safe operation of the train but without causing any serious consequences, shall be investigated for criminal responsibility in accordance with the provisions regarding the crime of sabotaging traffic facility stipulated in Article 108 of the Criminal Law; any person who acts in the aforesaid manner causing serious consequences shall be investigated for criminal responsibility in accordance with the provisions regarding the crime of sabotaging traffic facility stipulated in Article 110 of the Criminal Law.

  Article 63 The major culprit and the core members of persons who gather to intercept or block the way of a train and pay no heed to the order to stop shall be investigated for criminal responsibility in accordance with Article 159 of the Criminal Law.

  The major culprit and the core members of persons who gather to assault a railway traffic control office and pay no heed to the order to stop shall be investigated for criminal responsibility in accordance with Article 158 of the Criminal Law.

  Article 64 The major culprit and the core members of persons who try to start a riot and rob goods and materials being transported on railways shall be investigated for criminal responsibility in accordance with Article 151 or Article 152 of the Criminal Law.

  Any railway worker who collaborates with other person or persons in committing the crime as specified in the preceding paragraph shall be subject to a heavier punishment.

  Article 65 Any person who, on board a railway train, robs any other passenger of his or her belongings or hurts any other passenger shall be given a heavier punishment in accordance with relevant provisions of the Criminal Law.

  Any person who, on board a railway train, picks quarrels, stirs up troubles or insults any woman to a flagrant extent shall be investigated for criminal responsibility in accordance with Article 160 of the Criminal Law; any person who extorts money or other property from any other passenger by blackmail shall be investigated for criminal responsibility in accordance with Article 154 of the Criminal Law.

  Article 66 Any person who resells railway passenger ticket for profit involving relatively large quantity or value shall be investigated for criminal responsibility in accordance with Article 117 of the Criminal Law. Any person who makes a regular business of reselling railway passenger ticket for profit involving relatively large quantity or value, or who is the chief culprit of a gang engaged in ticket-reselling for profit, shall be investigated for criminal responsibility in accordance with Article 118 of the Criminal Law. Any railway worker who resells passenger ticket for profit or who collaborates with other person or persons in reselling passenger ticket, for profit shall be investigated for criminal responsibility in accordance with Article 119 of the Criminal Law.

  Article 67 Any person who commits an act in violation of this Law that is not serious enough to be subjected to criminal sanction but is subject to punishment in terms of public security control shall be punished in accordance with relevant provisions of the Regulations on Administrative Penalties for Public Security.

  Article 68 Any person or unit that sets up a level crossing or pedestrian cross-walk over a railway track without proper authorization shall be ordered to remove the same within a time limit and may concurrently be imposed a fine by the relevant railway public security organ or the relevant local public security authority.

  Article 69 Any railway transport enterprise wh

ich, in violation of relevant provisions stipulated in this Law, haw collected more than is due in respect of transport tariff, ticket fare or miscellaneous charges for passenger or goods transport must refund the amount overcharged to the relevant payor or turn over the unrefundable amount to the State treasury. Any person who seizes on the amount overcharged as his or her own, or any persons who embezzle or divide the amount overcharged among themselves shall be investigated for criminal responsibility in accordance with the provisions of Article 1and Article 2 of the Supplementary Provisions Concerning the Punishment of Crimes of Embezzlement and Bribery.

  Article 70 Any railway worker who, by taking advantage of his or her office, engages in smuggling, speculation and profiteering, or collaborates with any other person or persons in smuggling, speculation and profiteering, shall be investigated for criminal responsibility in accordance with Article 119 of the Criminal Law.

  Article 71 Any railway worker who neglects his or her duties or violates relevant rules or regulations and thus causes a railway operational accident, or abuses his or her power or seeks personal gains by taking advantage of handling transport transactions, shall be subjected to disciplinary sanctions; if the circumstances are serious enough to constitute a crime, he or she shall be investigated for criminal responsibility in accordance with relevant provisions of the Criminal Law.

  Chapter VI Supplementary Provisions

  Article 72 For the purpose of this Law, a State railway transport enterprise means a railway administration or a railway sub-administration.

  Article 73 Regulations for implementation shall be formulated by the State Council in accordance with this Law.

  Article 74 This Law shall enter into force as of May 1, 1991

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