列车晚点问题的法律思考

Nomological Thinking Over Train-Delaying

本文描述了迟延发车和迟延到达两类列车晚点的情形,介绍了列车晚点的责任承担方式和状况,分析了法律未明确规定迟延到达类列车晚点之法律责任的原因。本文认为导致列车晚点的原因复杂,应当根据实际情况具体分析,不应一概而论地追究承运人的法律责任。将列车时刻表或火车站公布的到站时间作为格式合同默示条款看待具有合理性,但不应忽视默示条款附有的默示条件。

This paper describes two cases of train-delaying, upon the train＇s leaving and its arriving, illustrates the ways and conditions of responsibility bearing, and elaborates the reasons why there are no legal prescriptions regarding the legal liability for train-delaying. As causes of traindelaying vary and are complicated, the individual cases should be studied in accordance with the variety of specific situations rather than having the carrier prosecuted for liability. It is reasonable to consider the timetable or the time published by the station as ＂acquiescent clauses＂ of the ＂train tickets＂ in the format contract, however, it is advisable to remember that ＂acquiescent clauses＂ is attached with ＂acquiescent conditions＂.