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Legal analysis: The principle of railway emergency response is that emergency response should be in accordance with the principle of "people-oriented, safety first".
1. Prevention first, unified leadership, centralized command, centralized responsibility, hierarchical management, division of labor and cooperation, rapid response, emergency disposal", and constantly improve the emergency response ability of EMU emergencies to ensure safe and orderly operation. There are five basic principles for emergency response: 1. We must adhere to the principle of relying on the unified leadership and hierarchical responsibility of the party committee; 2. It is necessary to adhere to the principle of unified command and overall operation; 3. It is necessary to adhere to the principle of taking policies according to the situation and treating them differently; 4. It is necessary to adhere to the principle of prudent use of police force and coercive measures; 5. It is necessary to adhere to the principle of rapid response and decisive disposal in accordance with the law.
Legal basis: Article 57 of the Railway Law of the People's Republic of China In the event of a railway traffic accident, the railway transport enterprise shall handle it in accordance with the provisions of the relevant competent departments on the investigation and handling of the accident, and resume normal operation in a timely manner, and no unit or individual shall obstruct the opening of the railway line and the operation of the train.
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In traffic accidents, there are various situations that need to be dealt with, in the emergency rescue work of railway traffic accident emergency rescue and investigation and handling rules, standardize the investigation and handling of railway traffic accident emergency work, reduce personnel and property losses, so as to ensure the safety and smooth flow of railway transportation. Therefore, the relevant units should deeply understand the spirit of the regulations and fully and accurately grasp the content of the regulations. In order to ensure the normal operation and implementation of the regulations.
1. It is the scope of application of the Regulations. The regulations unify railway off-road accidents and driving accidents into the category of "railway traffic accidents", forming a unified accident classification, reporting, emergency rescue and investigation and handling system. For railway locomotives and rolling stock in the process of operation and pedestrians, motor vehicles, non-motor vehicles, livestock and other obstacles caused by accidents, or railway rolling stock in the process of operation conflict, derailment, fire, ** and other accidents that affect the normal operation of the railway, should be carried out in strict accordance with the provisions of the regulations to carry out emergency rescue and investigation and handling work.
Second, it is the accident grade category and classification standard. According to the regulations, the level of railway traffic accidents is divided into particularly major accidents, major accidents, major accidents and general accidents according to the number of people caused by the accident, direct economic losses, the number of trains derailed, and the interruption of railway travel time. Such regulations not only maintain the unity and coordination of the state in the classification of accident standards, but also reflect the characteristics of the railway transportation industry.
Third, it is an accident reporting system. While putting forward principled requirements that relevant units and individuals should report accidents in a timely and accurate manner, the regulations also make clear and specific provisions on the subjects and targets of accident reports, the reporting procedures, the time limit, and the content of reports, and establish a system for duty and reporting.
Fourth, it is an accident emergency rescue system. The regulations stipulate the emergency response responsibilities of train drivers or running train captains, the emergency repair responsibilities of transport enterprises, the procedures for initiating accident emergency plans and the establishment of on-site emergency rescue agencies, as well as the authority of on-site emergency rescue agencies, and put forward clear requirements for relevant units and individuals to support and cooperate with accident emergency rescue work.
Fifth, it is an accident investigation system. The regulations give full consideration to the characteristics of the investigation and handling of railway traffic accidents, clarify the main body of the accident investigation team, the participating departments and their investigation authority, standardize the accident investigation procedures, time limits and the form of determining the responsibility for accidents, establish a system for announcing the handling of accidents, and strengthen the supervision of accident prevention and rectification measures.
6. The principle of compensation for accident damages and applicable law. In accordance with the relevant laws and regulations of China, the regulations clarify the basic principles of compensation for railway traffic accident damages, the exemption clauses, the standards for the limitation of liability for passenger damages, and the legal application of compensation for other personnel and property losses, and also stipulate the corresponding remedies.
7. It is related legal liability. The regulations stipulate relatively severe punishment measures for railway transport enterprises and their employees, railway authorities, railway management agencies and other administrative organs in the emergency rescue, accident reporting and investigation and handling of railway traffic accidents, as well as violations of laws and administrative regulations that lead to accidents, including administrative penalties, administrative sanctions and criminal responsibility.
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1. If there is a sudden violent impact or shaking during the operation of the train, passengers should immediately squat down, firmly grasp the fixed objects of the train, protect their heads, and do not blindly jump off the train; After the train derails or stops overturned, passengers should quickly leave the carriage according to the instructions of the train staff.
2. In the event of a sudden fire during train operation, keep calm, obey the command of the train staff, and evacuate the accident carriage quickly and orderly; If the fire is not large, passengers can use clothing quilts, fire extinguishing tools, etc. to extinguish the fire immediately. Before the train stops, do not open the doors and windows of the train without authorization.
3. When it is found that the train loaded with Yi Shixian is derailed, subverted, etc., it is necessary to quickly evacuate to the upwind position, call the police quickly, and stay away from the accident vehicle.
4. When the motor vehicle is stopped or stuck at the railway crossing and cannot be moved, the personnel on the train should get off the train immediately and take measures to stop the train at both ends of the crossing.
5. When the railing of the railway crossing is closed or the guards signal to stop moving, they should stop outside the stop line in turn.
6. When passing through the unguarded crossing, you should stop and look at it and confirm that you can pass only after the security search is complete.
7. Do not walk, sit or lie down on the railway line, and do not graze within 20 meters of the railway line or in the railway shelter forest.
1. What are the personal injuries on the train?
1. Personal injury of the passenger caused by the infringement of a third party during the transportation of railway passengers.
2. A third person outside the train throws stones and hits the train, causing personal injury to the passengers in the train.
3. Personal injury caused by force majeure.
4. Personal injury caused by the victim's negligent behavior of climbing, crossing, destroying, or moving protective fences, fences, or other protective facilities on both sides of a railway line, crossing a railway line, stealing a freight car, clinging to a moving train, passing through a railway bridge or tunnel without a pedestrian passage, climbing an elevated railway line, or entering a railway operation area such as a railway line, station, or freight yard without permission.
Theoretically, you don't have to pay in advance.
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