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中华人民共和国铁路法(二)

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  Article 38 The standard railway gauge shall be 1435 mm. Standard gauge must be adopted in the construction of a new State railway.

  For narrow-gauge railways, the gauge shall be 762 mm or 1000 mm:

  Other technical requirements for new railways and reconstructed railways shall conform to relevant national standards or trade standards.

  Article 39 A railway line, after its completion of construction, may, in accordance with the procedures laid down by the State for capital construction, be put into operation only after it has been duly examined and accepted as satisfactory.

  Article 40 At the crossing point of a railway and a highway, priority shall be given to the installation of a grade separation structure; at a crossing where a grade separation structure is not installed, a level crossing or a pedestrian cross-walk may be laid in conformity with relevant provisions of the State. The setting up of a level crossing or a pedestrian cross-walk within a planned urban area shall be decided by the railway transport enterprise, or the relevant enterprise owning the relating industrial railways or private sidings, or any other relevant unit jointly with the department in charge of city planning.

  The removal of an established level crossing or pedestrian cross-walk shall be decided by the railway transport enterprise, or the relevant enterprise owning the relating industrial railway or private siding, or any other relevant unit by agreement with the local people's government.

  Article 41 Any railway bridge to be built across a water course shall conform to the requirements for flood prevention, navigation and flow of current as laid down by the State in relevant regulations.

  Chapter IV Safety and Protection of Railways

  Article 42 A railway transport enterprise must strengthen the control and protection of railways, regularly inspect and repair railway transport facilities so as to ensure intactness of these facilities and guarantee safe conveyance of passengers and goods.

  Article 43 The railway security organ and the local security authority shall jointly keep the public order along railway lines, in stations and on trains, while dividing up the work in such a way that the public order in stations as well as on trains shall be under the charge of the railway security organ, and the public order along railway lines shall be under the joint charge of the local security authority and the railway security organ, with the local security authority in the main.

  Article 44 The competent department in charge of electric power shall guarantee the power supply for railway traction and critical loads arising in railway operation. The scope of power supply for critical loads arising in railway operation shall be defined by the competent department in charge of railways under the State Council through consultation with the competent department in charge of electric power under the State Council.

  Article 45 Hill slopes beyond the right-of-way of and flanking the railway line shall be conditioned as key territories for water and soil conservation by the relevant local people's government. Slopes on top of railway tunnels shall be conditioned by the local people's government with due assistance of the relevant railway transport enterprise. Hill slopes within the railway line' right-of-way shall be conditioned by the railway transport enterprise.

  Article 46 In case there is any such activity as building an uphill pond, a reservoir, or a dyke or dam; excavating a water course, a trunk channel or other waterway; stone-quarrying; sand-fetching; or digging a well for water, which is carried ort within a specific distance from both sides of a railway line, bridge or culvert, and which might cause adverse effects on the stability of the railway subgrade or endanger the railway bridge or culvert, the relevant local people's government at or above the county level shall order such activities to be ceased, and set a time limit for restoring the site to its original state or to take necessary safety and protection measures.

  Unless the approval of the relevant railway transport enterprise obtained and proper safety and protection measures are provided, the erecting of power or communications lines over or across a railway line, the laying of buried cables or pipes along a railway subgrade, and the digging of tunnels through or under a railway embarkment shall not be allowed.

  Building of any structures or planting of any trees which might hinder a good watch from the driver's cabin over the railway line shall not be allowed at the inner side of a curve or at a place close to a level crossing or a pedestrian cross-walk. In case any building, such as afore-mentioned, has been erected, the local people's government at or above the county level shall order the builder to remove the building, and if any tree, such as afore-mentioned, has been planted, the said government shall order the relevant unit or individual to remove, trim or cut down the tree within a specified period of time.

  Any unit or individual that violates the provisions stated in the preceding three paragraphs shall be liable to compensation for any loss there by suffered by the relevant railway transport enterprise.

  Article 47 It shall be prohibited to install a level crossing or a pedestrian cross-walk without proper authorization.

  Necessary signs and protective installations must be provided at level crossings or pedestrian cross-walks in conformity with relevant regulations.

  Pedestrians and vehicles must, when passing a railway level crossing or a pedestrian cross-walk, observe the relevant regulations governing passage over crossings.

  Article 48 Transport of dangerous goods must be handled in conformity with the regulations formulated by the competent department in charge of railways under the State Council. It shall be forbidden to consign for shipment any dangerous article under the name of a non-dangerous article.

  Passengers shall be prohibited from carrying any dangerous article into a railway station or a train. Railway security personnel or any such railway worker designated by the competent department in charge of railways under the State Council shall, for the safety of transport, have the right to inspect the article or articles carried by any passenger. Any railway worker when carrying out transport safety inspection shall bear on-duty identification sign.

  A list of the descriptions of dangerous articles shall be specified and promulgated by the competent department in charge of railways under the State Council.

  Article 49 Any railway worker shall have the right to stop any person who is about to damage or destroy, or cause to move or shift, any railway sign alling installation or other facilities for traffic operation, and any person who is about to place obstacle(s) on the railway track. The railway worker may catch such a person and hand him over to the public security authorities.

  Article 50 It shall be forbidden for anybody to make a covert ride on a goods train, to climb up or hang on to a train in motion, or to hit or strike a train. Any railway worker shall have the right to stop such a person.

  Article 51 It shall be forbidden to walk, sit or lie on a railway track. Any railway worker shall have the right to stop such conduct.

  Article 52 It shall be forbidden to graze livestock within twenty metres of either side of a railway track. Any railway worker shall have the right to stop such conduct.

  Article 53 Any railway worker shall have the right to stop persons who have gathered up to intercept a train, or to assault a railway traffic control office. The responsible public security personnel on site shall have the right to order those persons who refuse to stop such action to disperse; and if such a demand is refused, the responsible public security personnel on site shall, according to relevant regulations established by the State, choose to force them to disperse by necessary means. Those who refuse to obey shall be taken away from the site by force or detained.

  Article 54 Any railway worker shall have the right to stop those persons who try to start a riot and rob goods and materials being transported on railways and may seize them and hand them over to the public security authorities; the public security personnel on site may detain them.

  Article 55 Any railway worker shall have the right to stop any person who is picking quarrels and stirring up troubles on board a train causing public disorder or jeopardizing the physical being or property of other passengers; the railway security personnel may detain such person.

  Article 56 If a certain kind of infectious disease which demands quarantine as stated in legal provisions is discovered in a railway station or on board a passenger train, the railway sanitation and quarantine authority shall carry out the necessary quarantine process; the local sanitation and quarantine authority shall render assistance to the former upon request.

  The quarantine of goods in transport shall be carried out in accordance with relevant regulations of the State.

  Article 57 In case of any railway traffic accident, the railway transport enterprise shall act in accordance with relevant provisions about the investigation and handing of accidents stipulated by the State Council and its relevant competent department, and ensure the timely restoration of normal traffic; no unit or individual shall hinder the re-opening of the railway track and train operation.

  Article 58 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 which, 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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