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从责任的性质上划分,承运人的损害赔偿责任有三种:违约损害赔偿责任、侵权损害赔偿责任和缔约过失损害赔偿责任。这三者在责任的基础、归责原则、责任的构成要件以及责任的范围等方面各有不同。铁路客运承运人在承担上述责任时有其特殊性,其中在承运人的违约行为导致旅客人身伤害的场合,旅客主张违约损害赔偿责任的范围应包括人身损害和精神损害赔偿;承运人在承担侵权损害赔偿责任时除无过失损害赔偿责任外尚有违反安全保障义务的侵权责任。同时,在认定违约责任和侵权责任时,铁路法的相关规定与民事一般法之间存在不协调与冲突的地方,有待进一步修改。
Divided from the nature of responsibility, the carrier’s liability for damages is three: breach of contract liability for damages, liability for tort damages and contractual damages for damages. These three are all different in the basis of responsibility, the principle of attribution, the components of responsibility and the scope of responsibility. Railway passenger transport carrier has its particularity when undertaking the above-mentioned responsibilities. Where the passenger’s personal injury caused by the carrier’s breach of contract results in the passenger’s liability for breach of contract, the scope of liability for personal injury and mental damage shall be covered by the passenger’s liability for infringement In addition to the liability for damages, there is also a tort liability that violates the obligation of safety and security in addition to the liability for damages for damages. At the same time, when the liability for breach of contract and tort liability are found, there are inconsistencies and conflicts between the relevant provisions of the railway law and the general law of civil affairs, pending further revision.