铁路旅客损害赔偿的法律思考

铁路客运未尽安全保障职责,致使旅客遭受第三人侵害的,铁路方应当是直接赔付义务的主体,要承担合理的补偿。建议撤销滞后的《铁路旅客人身伤害及自带行李损失事故处理办法》,赔偿标准可借鉴《民法通则》相关法律规定,以平衡铁路旅客损害赔偿与其他人身损害赔偿幅度之间的关系。

Legal Consideration On Damage Compensation of Train Passengers

If the passenger train management does not fulfil the secure duty for passengers and make the passenger hurt by the third person, the railway management should compensate the injured and take on reasonable compensation. The paper suggests that the out-of-date Disposal of The injury and Damage of The train Passengers and Luggages should be canceled. The standards of compensation can be set up, consulted with General Rules of Civil Laws, to balance the relationship between the train passengers' injury and the other injuries.