Railway Law of the People's Republic of China
Railway Law of the People's Republic of China
Railway Law of the People's Republic of China
Order of the President [1990] No. 32
September 7, 1990
(Adopted at the 15th Meeting of the Standing Committee of the Seventh National People's Congress on September 7, 1990)
The Railway Law of the People's Republic of China, which was adopted at the 15th Meeting of the Standing Committee of the Seventh National People's Congress on September 7, 1990, is released hereby and shall take effect as of May 1, 1991.
President of the People's Republic of China Yang Shangkun
Chapter I General Provisions
Article 1 This Law is formulated for the purpose of ensuring smooth progress of railway transport and railway construction in order to meet the demands of socialist modernization and people's livelihood.
Article 2 Railways as referred to in this Law include State railways, local railways, industrial railways and railway private sidings.
State railways refer to the railways administered by the competent department in charge of railways under the State Council.
Local railways refer to the railways administered by local people's governments. Industrial railways refer to the railways administered by enterprises or other units to provide in-house transport services. Railway private sidings refer to the branch railway lines which are administered by enterprises or other units and are connected to a State railway line or any other railway line.
Article 3 The competent department in charge of railways under the State Council shall be responsible for railway affairs throughout the country, implement over the State railway network a transport control system which is highly centralized and under unified command, and shall provide guidance for, coordination among, supervision over and assistance to local railways, industrial railways and railway private sidings. A State railway transport enterprise shall perform the administrative functions as authorized by relevant laws and administrative rules and regulations.
Article 4 The State shall focus its effort on the development of State railways and provide substantial aid and support to the development of local railways.
Article 5 A railway transport enterprise must adhere to the socialist orientation in operation and management, pursue the aim of serving the people, improve operation and management, better the work style, and enhance the transport service quality.
Article 6 Citizens shall have the obligation to take good care of railway installations. Damage to railway installations and disruption of normal railway traffic shall be prohibited.
Article 7 Local people's governments at various levels along the railway lines shall assist the railway transport enterprises in ensuring safe and uninterrupted railway traffic, good social order at stations and on trains, intactness of railway installations, and smooth progress of railway construction.
Article 8 Regulations governing the technical operations of State railways shall be formulated by the competent department in charge of railways under the State Council, while rules governing the local railways and industrial railways shall be drawn up with reference to the regulations governing the technical operations of State railways.
Article 9 The State shall encourage scientific and technological research on railways in order to heighten their scientific and technical level. Any unit or individual that has achieved outstanding results in such research shall be awarded.
Chapter II Railway Transport Business
Article 10 all railway transport enterprises shall guarantee safe transport of passengers and goods and punctual train arrivals.
Article 11 A railway transport contract shall be an agreement in which the mutual rights and obligations between the railway transport enterprise and the passenger(s) or shipper(s) are defined. A passenger ticket, a luggage, parcel or goods consignment note shall represent a contract or a constituent part of a contract.
Article 12 A railway transport enterprise shall ensure the passenger of riding on a train of the number and on the date stated on the passenger's ticket, and of arriving at the destination stated on the same ticket. In case of the passenger being unable to ride on the train of the number and on the date stated on the passenger's ticket owing to the liability of the railway transport enterprise, the said enterprise shall, as requested by the passenger, refund the total sum of the ticket fare or make arrangements for the passenger to ride on another train to the same destination.
Article 13 A railway transport enterprise shall take effective measures to serve the passengers well in a courteous, attentive, warm and cultured manner, keep the station premises and passenger cars clean and sanitary, and provide boiled drinking water and good catering services on the train. A railway transport enterprise shall take measures to protect the environment along railway lines from pollution.
Article 14 Any passenger boarding a train shall hold a valid passenger ticket. Any passenger riding on a train without a ticket or with an invalid ticket shall pay the ticket fare on the train plus such additional charges as specified in relevant railway regulations; the railway transport enterprise may order any passenger who refuses to do so to leave the train.
Article 15 The State railways and local railways shall plan the goods transport on the principle of promoting production and invigorating circulation. Priority in transport shall be given to materials for emergency rescue or disaster relief and other goods and materials that warrant such priority according to relevant regulations of the State. Where goods and materials to be carried by local railways need to be carried by State railways, the transport plan therefore shall be incorporated in the transport plan of State railways.
Article 16 A railway transport enterprise shall carry the goods, parcels and luggage to their destinations in observance of the time limit stipulated in the contract or within the time limit prescribed by the competent department in charge of railways under the State Council. For any overdue goods, parcel, or luggage, the railway transport enterprise shall be liable to indemnity for breach of contract.
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