一、研究背景自1990年《铁路法》颁布并辅以一定形式的配套立法,我国已初步构建起铁路法律体系。但由于处于铁路法律核心地位的《铁路法》是在市场经济思路尚不清晰的背景下制定的,其统领下的铁路法律仍体现出鲜明的计划经济色彩,相对于当前的改革需要已显现出明显的滞后性和欠缺性。一方面,包括铁路在内的 I. Background Since China promulgated and supplemented by some forms of supporting legislation in the “Railway Law” in 1990, China has initially established a railway legal system. However, due to the fact that the Railway Law, which is at the core of the railway law, has not been formulated under the background of unclear market economy, the railway law under its command still shows a distinct color of the planned economy, which has been revealed in light of the current reform needs Obvious lag and lack of sex. On the one hand, including the railway