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由于铁路货物在运输途中或到站所发生赔偿纠纷,铁路货规规定由到站负责处理,铁路内部按责任清算.因此,这类赔偿纠纷案件很少调解成功,一般多以判决方式结案.这就要求法院在双方当事人举证的情况下,查明事实、分清责任,准确下判.自1991年5月1日《中华人民共和国铁路法》颁布实施后,对铁路运输赔偿规定了新的赔偿办法,与经济合同法和最高人民法院法(交)复(1989)第3号批复按货物实际损失赔偿的原则不尽一致,这就给审判机关在查清事实的基础上,如何准确适用法律带来一定的困难.笔者试图通过对铁路法实施前后我们审理的几起典型铁路货物运输合同赔偿纠纷案件加以分析,对如何处理好这类案件的一般赔偿原则提出一点粗浅的意见.
Due to the compensation for disputes arising from the carriage of goods by rail or to the stations, the railway cargo regulations are handled by the arrival station and liquidated within the railway according to their responsibilities. Therefore, the cases of such compensation disputes are rarely mediated successfully and are usually closed by adjudication. The court was required to ascertain the facts, clarify its responsibilities and make accurate adjudication under the circumstance of the parties’ burden of proof.After the promulgation and implementation of the “Law of the People’s Republic of China on Railways” on May 1, 1991, new compensation rules have been laid down for railroad transportation compensation , And the principle of economic contract law and the Supreme People’s Court Law (F) Fu (1989) No. 3 approved according to the actual loss of goods are not consistent, which gives the judiciary on the basis of the facts, how to accurately apply the legal zone To some extent.The author attempts to analyze several typical cases of compensation disputes in the contract of carriage of goods by railway before and after the implementation of the Railway Law and gives some superficial opinions on how to handle the general compensation principle of such cases.