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本案涉及铁路旅客在搭乘火车时,因遭遇人身意外伤害而产生的赔偿问题。第三人侵害导致铁路旅客人身伤害,承运人应否承担赔偿责任?本案在审理中涉及到几个争议问题:当“诉因并存”即侵权人和违约人并非一人时,权利人如何主张自己的权利;法律法规的适用效力问题;张某为得到及时的救助而签订的放弃其他权利的协议是否有效等。日前,火车仍是大多数中国人赖以工作、旅游、探亲访友的最主要交通工具。从多年的司法实践看,全国法院因铁路旅客人身伤亡损害而产生的赔偿纠纷很多。铁路旅客在乘车时被飞石击伤,个案虽然特殊,但类似意外的发生在所难免。本刊希望该案的法理分析能对相关案件的处理有一定借鉴意义。
The case involves the issue of compensation payable by railway travelers for accidental personal injury while traveling by train. The third party infringes the personal injury of the railway passenger and whether the carrier should bear the liability for compensation. There are several controversial issues involved in the hearing of the case. When the “lawsuit co-exists” means that the infringer and the defaulter are not the same, how can the obligee Advocating their own rights; the validity of laws and regulations; Zhang’s agreement to waive other rights signed in a timely manner for assistance. Recently, the train is still the most important means of transport for most Chinese people to work, travel, and visit relatives and friends. Judging from many years of judicial practice, there are many disputes arising from the damages caused by the personal injuries and deaths of railway passengers in the national courts. Passengers were hit by flying rocks while riding a car. Although the cases were unusual, similar accidents were inevitable. Our hope that the legal analysis of the case can have some reference to the handling of related cases.