关于铁路运输企业站段法律地位的探讨

铁路企业的法律地位是依照《铁路法》的规定确立的。《铁路法》由于立法时的各种原因 ,把铁路站段排除出了企业的范围。其结果是铁路局和铁路分局的两级企业法人混同 ,站段不具有进入市场经济的主体资格。而事实上 ,铁路企业参与市场经济的法律行为绝大多数是铁路站段来完成的 ,出现纠纷和诉讼也是站段的行为引起的 ,这种由于立法的缺陷造成了事实上市场经济行为的实施者 ,而理论上又不具有法律上的主体资格的矛盾。铁路站段以何种身份、地位去面对和参与市场经济 ,是理论上更是实践上亟待解决的问题

Discussion on the Legal Status of the Railway Transport Section

The legal status of the railway enterprises was established on the basis of Railway Law.Owing to the limitations at the time when the law was laid down,denied the legal status of the railway transtport section.As a result,the business entity of the Railway Administrative Bureau and that of the Branch Railway Administrative Bureau are mixed and the railway transport section is denied its legal status in the economic market .In effect,railway enterprises,when participating in the economic activities,are mainly represented by the railway transport section,thus the corresponding business conflicts and accusations are often caused by the railway transport section.The imperfection of the Railway Law thus led to the contradiction that the railway transport section on the one hand is the practitioner of business activities,and,on the other and,is not the business entity.What is the legal status of the railway transport section is a question that we are brought face to face today,which is in an urgent demand of a solution both in theory and practice.