论非铁路交通事故原因造成的旅客损害赔偿

Discussion on the compensation for the injury to passengers caused by non-railway traffic accidents

正确处理非铁路交通事故原因造成的旅客人身损害赔偿纠纷应当采取如下措施:第一,国务院铁路管理部门在制定条例实施细则中应当明确规定非铁路交通事故原因造成的旅客人身损害赔偿适用限额赔偿。第二,建议最高人民法院出台司法解释对非铁路交通事故原因造成的旅客人身损害赔偿纠纷作出统一规定。第三,增加保险份额,实行自愿保险。改变目前强制保险制度的不足,适度提高保险费。

To correctly deal with the disputes about the wmpensation for the physical injury to passengers caused by non-railway traffic accidents, the following measures should be adopted ： firstly, railway management department of state Department shonld explicitly regulate that the lompensation for the physical injury to passengers caused by non-railway traffic accidents is applicable to limit of liability in the rules for implementalion;secondly, it is suggested that the supreme people＇ s court constitute judicial inte pretation to uniformly regulate the disputes about the wmpensation for the physical injury to passengers caused by non-railway traffic auidents;thirdly, insurance share should be increased and voluntary insurance should be allowed to charge the deficits in the present compulsoy insurance system and properly imcrease insurance premium.