Laws of the People's Republic of China

CHAPTER I GENERAL PROVISIONS

CHAPTER II RAILWAY TRANSPORT BUSINESS

CHAPTER III RAILWAY CONSTRUCTION

CHAPTER IV SAFETY AND PROTECTION OF RAILWAYS

CHAPTER V LEGAL RESPONSIBILITY

CHAPTER VI SUPPLEMENTARY 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, 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.

In case a railway transport enterprise fails to deliver the goods, parcels or luggage to their consignee or owner passenger after thirty days in excess of the time limit, the shipper, consignee or passenger concerned shall be entitled to claim compensation for loss from the railway transport enterprise.

   Article 17 A railway transport enterprise shall be liable to pay compensation for loss, short-delivery, deterioration, contamination, or damage that might have occurred to the shipped goods, parcels or luggage as of the moment the railway transport enterprise undertakes the conveyance until the moment of their delivery.

(1) Any shipper or passenger who has voluntarily applied for insured transport of valued articles shall be entitled to an indemnity on a par with the actual loss but not exceeding the insured value.

(2) Indemnity for goods conveyed not in the manner of insured transport of valued articles shall be on a par with the actual loss but not exceeding the liability limit laid down by the competent department in charge of railways under the State Council. If the loss is caused by deliberate action or grave fault on the part of the railway transport enterprise, the above-stated liability limit shall not apply but the indemnity shall be made in conformity with the actual loss.

Any shipper or passenger may, on voluntary basis, buy insurance policy for transport of goods at an insurance agency and the insurance agency shall be liable for indemnity in conformity with the agreement as stated in the insurance contract.

Any shipper or passenger may, on voluntary basis, enter into insured transport of valued goods or buy insurance policy for transport of goods, or may do without. No shipper or passenger shall be compelled in any manner to enter into insured transport or buy transport insurance policy.

   Article 18 A railway transport enterprise shall not be liable to indemnity for any loss, in relation to goods, parcels or luggage, caused by the following reasons:

(1) Force majeure.

(2) Natural property of the goods or articles contained in the parcel or luggage, or natural wear and tear.

(3) Fault on the part of the shipper, consignee or passenger concerned.

   Article 19 Any shipper shall truthfully fill in the goods consignment note, and the railway transport enterprise shall be authorized to check the description, weight and quantity of the goods and parcels as written on the note. Upon check-up, if the reported disagrees with the real contents, the shipper shall pay for the check-up expenses; if the reported agrees with the real contents, the check-up expenses shall be borne by the railway transport enterprise, and any damage incurred from the check-up with the contents of the goods or parcels as a result of the check shall be compensated for by the same enterprise.

Any deficiency in payment of transport charges and other fees as a result of untrue declaration of the goods shipped shall be made up by the shipper concerned, and the railway transport enterprise shall, according to the relevant regulations of the competent department in charge of railways under the State Council, collect from the shipper extra transport charges and other fees.

   Article 20 Goods consigned for shipment that need packing shall be packed by the shipper in conformity with the national standards for packing or the trade standards for packing; where both these standards are lacking, the shipper shall pack the goods properly so that the goods would not suffer any damage due to improper packing.

A railway transport enterprise shall, with regard to the perishable goods and living animals the shipment of which it has undertaken, in accordance with the relevant regulations of the competent department in charge of railways under the State Council and the contracted agreement.

   Article 21 Upon the arrival of shipped goods, parcels or luggage, the relevant consignee or passenger shall claim them in time in observance of the time limit set by the competent department in charge of railways under the State Council and at the same time pay any transport charges and other fees that the shipper has not paid or underpaid; if such time limit is exceeded, the consignee or passenger shall pay due charges for storage in accordance with relevant regulation.

   Article 22 Any shipped goods that are not claimed for thirty days as of the date of issuing the notice of claim for the shipped goods, or that the consignee has informed the railway transport enterprise in writing of refusing to accept shall be sold off by the railway transport enterprise on condition that the enterprise has served the shipper a notice about such and received no acknowledgement for thirty days as of the date of receipt of the notice. The amount of money obtained from the selling, if there is any left after deduction of storage charges and other deductible fees, shall be refunded to the shipper, or turned over to the state treasury provided it is not refundable nor claimed by the shipper within one hundred and eighty days as of the date of disposal.

Any parcel not claimed for ninety days as of the date of issuing the notice of claim for such goods by the railway transport enterprise concerned and any luggage not claimed for ninety days as of its arrival at destination may be disposed of by the said enterprise provided that the latter has issued a public announcement thereupon and received no claim for the said parcel or luggage ninety days after the issuance. The amount of money obtained from the selling, if there is any left after deduction of storage charges and other deductible fees, may be recovered by the shipper, consignee or passenger concerned within one hundred and eighty days as of the date of the selling, or shall be turned over to the state treasury if no claim for recovery is received within the same time limit.

Dangerous goods and articles the transport of which is restricted according to relevant regulations shall be handed over to the public security authority or department concerned for disposition and shall not be sold off by the railway transport enterprise itself.

For articles which are not suitable for storage over a long period of time, the deadline for their disposal may be shortened in accordance with relevant provisions set down by the competent department in charge of railways under the State Council.

   Article 23 Passengers, shippers or consignees who are held responsible for any loss of property of a railway transport enterprise shall be liable to compensation for the loss.

   Article 24 The State shall encourage industrial railways to take up also public passenger and goods transport services on a commercial basis; the State shall promote shared use of railway private sidings by related units on the basis of agreed terms.

Any industrial railway which will take up also public passenger or goods (or both) transport services on commercial basis shall report such to and obtain approval from the people's government of the relevant province, autonomous region or municipality directly under the Central Government.

To any industrial railway undertaking commercial public passenger or goods transport, the provisions governing railway transport enterprises stipulated in this Law shall apply.

   Article 25 Passenger fares and tariffs for goods, parcels and luggage shall be worked out by the competent department in charge of railways under the State Council and submitted by the latter to the State Council for approval. The items and rates of miscellaneous charges for passenger and goods transport on State railways shall be laid down by the competent department in charge of railways under the State Council. Tariffs applicable to specified operating lines, specified goods and provisional operating lines of the State railways shall be worked out by the competent department in charge of railways under the State Council by agreement with the competent department in charge of prices under the State Council.

Passenger fares, goods tariffs and the items and rates of miscellaneous charges for passenger and goods transport on local railways shall be laid down by the competent department in charge of prices under the people's government of the relevant province, autonomous region or municipality directly under the Central Government in conjunction with the agency authorized by the competent department in charge of railways under the State Council.

Passenger fares, goods tariffs and the items and rates of miscellaneous charges for passenger and goods transport on industrial railways which also run public passenger and goods transport on a commercial basis, and the rates of charges for sharing the use of railway private sidings, shall be laid down by the competent department in charge of prices under the people's government of the relevant province, autonomous region or municipality directly under the Central Government.

   Article 26 Passenger fares, tariffs for goods, parcels and luggage, and the items and rates of miscellaneous charges for passenger and goods transport, must be announced by public notice; the same shall not go into effect before being so announced.

   Article 27 Counterfeiting or alterations of tickets or other certificates which are printed and used in relation to passenger and goods transport by State railways, local railways and industrial railways shall be prohibited.

Reselling of passenger tickets or other railway transport certificates for profit shall be prohibited.

   Article 28 Relevant regulations of the State concerning articles the transport of which is prohibited or restricted must be observed in consigning shipment and carrying goods, parcels or luggage.

   Article 29 Domestic through transport of passenger and goods between railway transport enterprises and highway, air or waterway transport enterprises must be handled in accordance with relevant provisions laid down by the State, or in the absence of such provisions, in accordance with the agreement reached by all parties concerned.

   Article 30 Participation of State or local railways in international through transport must obtain approval from the State Council.

   Article 31 Military transport on railways shall be handled in accordance with relevant provisions laid down by the State.

   Article 32 In the event of dispute over a railway transport contract, the railway transport enterprise and the involved shipper, consignee or passenger may settle the dispute by way of mediation; or if a party does not wish to settle the dispute by mediation or the mediation proves unsuccessful, the railway transport enterprise and the involved shipper, consignee or passenger may, in accordance with relevant provisions on arbitration included in the contract or with the written agreement on arbitration reached afterwards, apply for arbitration to an arbitration agency designated by the State.

Where a party does not perform the award of the arbitration agency within the prescribed time limit, the other party may apply to a people's court for compulsory execution.

Where no provision on arbitration is made in the contract and no written agreement on arbitration has been reached afterwards, either of the parties may bring a suit in a people's court.

   Article 33 Planning for the expansion of railway network shall be based on the demands of national economy, social development and the building up of national defence and shall be coordinated with the development plans of other modes of transport.

   Article 34 The construction plan of local railways, industrial railways or railway private sidings must conform to the national railway development plan and must obtain approval from the competent department in charge of railways under the State Council or an agency authorized by this department.

   Article 35 The planning of any railway track, station, junction area and other related facilities within a planned urban area of a city shall be brought in line with the overall plan of this city.

The land-use plan for railway construction shall be incorporated in the relevant overall land-use plan. Land needed for future expansion or construction of new railway lines shall be allotted by the people's government at or above the county level in its overall land-use plan.

   Article 36 The use of land for railway construction shall be handled in accordance with provisions of relevant laws and administrative rules and regulations.

The relevant local people's government shall support railway construction and assist the railway transport enterprise to carry out land requisition for railway construction, to dismantle or move any structures or inhabitants thereon and make due arrangements for them.

   Article 37 Any railway transport enterprise shall, having acquired the right to use any land for railway construction, use the land for the approved purpose and shall not use the land for any other purposes without proper authorization; no other unit or individual may occupy or seize the said land.

The department of land administration under the local people's government at or above the county level shall order any unit or individual that has occupied or seized the land appropriated for railway construction to stop doing so and to compensate the railway transport enterprise concerned for the loss.

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

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

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's 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 out 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 is 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 thereby 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 transher have the right to inspect the article or articles carried by any passenger. Any railway worker when carrying out transport safety inspection shall bear an 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 signalling 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 handling 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 one-self.

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

   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, has 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 1 and 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 May 1,1991.