我国铁路限额赔偿制度的演进与重构

The Evolution and Reconstruction of Chinese Railway Limited Compensation System

在我国铁路运输领域,限额赔偿制度饱受争议。铁路法的不完善,使得限额赔偿制度因缺乏基本法律依据而先天不足,旅客人身损害在法律适用上左右摇摆,限额赔偿规定一波三折。铁路法修改时,应结合现代损害赔偿法注重社会责任的发展趋势,构建符合社会公平效率的损害赔偿制度体系,立法模式宜采用基本法加上行政法规,内容应包括限额赔偿的适用范围、赔偿标准等,并规定先行给付、责任保险等制度与之配合。

The system of limited compensation is controversial in the railway transportation of China. The Railway Act is not perfect, and the system of limited compensation wasinitially deficient for lack of le-gal basis, so the applicable law is shiftingin passengers＇ personal injury compensation. There are many dif-ficulties in the system of railway limited compensation. We should establish the system of limited compen- sationin the Railway Act when it is amended. We should adopt the model of legislation which combines The Railway Act with administrative regulations, including the scope of compensation, compensation standards, the system of providing advance payment, and liability insurance.