一、问题的由来与提出对铁路行车路外人员伤亡事故、铁路道口交通事故引发的铁路交通人身损害赔偿案件的审判,法学理论研究已有诸多观点评述,然审判实践中对其核心的归责原则和法律适用仍有许多疑难,致裁判结果各不相同,引起社会、媒体以及当事人的热切关注。笔者认为疑难的主要问题如下。 First, the origin of the problem and puts forward many judgments and jurisprudence research on judgments and cases concerning the injury and death compensation of railway traffic caused by traffic accidents on railway traffic accidents and railroad traffic accidents, but at the core of its adjudication practice There are still many problems with the application of the principle and the law. The outcome of the referees varies from one case to another, arousing the fervent concern of the society, the media and the parties concerned. I think the main problems are as follows.