Paper Title
DETERMINATION OF RESPONSIBILITY IN RAILWAY TRAFFIC ACCIDENTS: AN EMPIRICAL ANALYSIS BASED ON 291 CHINESE JUDGMENTS

Abstract
This study aims to explore the issue of liability determination in personal injury disputes arising from railway transportation. By analyzing the characteristics of 291 judgments related to railway accident disputes in China from 2011 to 2023, including the plaintiffs' injuries, accident locations, intentional conduct assessments, and the usage of railway accident identification reports, the study reveals key factors influencing the compensation liability of railway transportation companies.The findings indicate that when plaintiffs are injured, defendants face heavier penalties and tend to provide more compensation. Additionally, the severity of injuries in station areas is greater than in inter-station areas, and if plaintiffs' conduct is deemed intentional, the types of compensation awarded are fewer. Furthermore, railway accident identification reports are primarily used by defendants to justify their position and to attribute fault to plaintiffs for illegal or intentional actions, while plaintiffs seldom mention the identification report proactively.In addition to enhancing the modernization of railway safety equipment and improving management practices, the determination of responsibility in railway accident identification reports could refer to the "Interpretation by the Supreme People's Court on Several Issues Concerning the Application of Law in Hearing Personal Injury Compensation Disputes Arising from Railway Transportation" to formulate relevant standards, which is believed to help clarify the legal attribution of responsibility in future litigation. Keywords - Liability Determination; Railway Traffic Accident Identification Report; China; Railway Safety; Judicial Efficiency