我国关于铁路高度危险责任的民事立法长期停留在民法通则、铁路法的原则性规定状态,相关法律规范的确立与完善多是依赖部门主导的行政立法和司法解释的零散规定。这些规定,由于立法层级及受部门立法影响的限制,长期存在与普通法、特别法的规定冲突的情形。随着侵权责任法的出台,以及一些铁路重大事故的发生,铁路高度危险责任立法完善必要性进一步凸显。本文从铁路高度危险责任的立法沿革入手,以法律规范的冲突为视角,分析司法实践中案件审理的难点及法律适用方面的疑惑,并提出具体法律理解适用及以铁路法修订为主要方向的立法完善建议。 China’s civil legislation on the highly dangerous responsibilities of the railway has long remained in the principle of general principles of civil law and railway law. The establishment and improvement of relevant laws and regulations are mostly scattered rules that rely on departmental-led administrative legislation and judicial interpretation. These provisions have long been in conflict with the provisions of the common law and the lex specialis due to the legislative hierarchy and the restrictions imposed by the departmental legislation. With the introduction of tort liability law and the occurrence of some major railway accidents, the necessity of perfecting the railway highly dangerous liability legislation is further highlighted. Starting with the legislative evolution of the railway’s highly dangerous liability, from the perspective of conflict of laws and regulations, this article analyzes the difficulties of judicial trial of cases and the doubts about the application of law, and puts forward the legislation that is applicable to specific laws and whose main directions are the revision of the railway law Perfect advice.