论铁路旅客伤亡事故的赔偿责任

7·23铁路动车组列车特别重大事故发生后,伤亡旅客的赔偿标准成为人们争议的焦点。针对赔偿数额的法律依据,在上位法缺失的情况下,限额赔偿制度的合法性等问题,从旅客伤亡赔偿责任的性质入手,分析探讨旅客伤亡赔偿责任的法律适用条款,并就7·23事故赔偿标准的合法性进行解读,提出对铁路部门的警示,从而有效推进铁路法律、法规的修改和完善。

Discussion on Compensation Responsibility of Railway Passenger Casualty Accidents

After the especial grave accident of 7·23 railway EMU train,the compensation standard to casualty passenger has became a disputation focus.Aiming at law gist of compensation amount,as well as validity problem of limited compensation system under lack of subsidized articles,this paper discusses the suitable articles of law for passenger compensation casualty accidents from aspect of the responsibility property,explains the validity of 7·23 accident compensation standard,and puts forward caution to railway departments as to effectively promote the modification and improvement of railway law and regulations.