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铁路货物运输合同是明确铁路运输企业与托运人或者旅客之间权利义务关系的协议.铁路运输企业(即承运人)作为铁路货物运输合同一方当事人是固定的.铁路货物运输合同的标的是行为,即承运人按照铁路货物运输协议的约定或者国务院铁路主管部门规定的期限,将承运的货物安全地从甲地运送到乙地的行为.因此,承运人不是以承运货物的价值大小计算收取运费的,而是按照国家铁路主管部门规定的运价率乘以吨公里计算收取运费的.如果承运的货物发生损失,按承运人收取的运费不能足以赔偿货主的实际损失.若按实际损失赔偿则承运人承担的风险责任太大,不利于铁路运输事业的发展.为了保障、促进我国铁路运输事业的发展,《中华人民共和国铁路法》(以下简称铁路法)第17条规定;“铁路运输企业应当对承运的货物、包裹、行李自接受承运时起到交付时
The contract of carriage of goods by rail is an agreement that clarifies the rights and obligations between the railway transport enterprises and the shipper or the passengers.The railway transport enterprises (that is, the carrier) are fixed as one party to the contract of carriage of goods by rail.The subject of the contract of carriage of goods by rail is the act, That is, the carrier will be in accordance with the provisions of the agreement for the carriage of goods by rail or the railway department in charge of the State Council prescribed deadline, the carrier will be carried safely transported from the site to site B. Therefore, the carrier is not based on the value of the value of the carrier to collect the freight , But in accordance with the provisions of the State Administration of Railways freight rates multiplied by tons per kilometer to calculate the freight.If the carriage of goods loss occurred, according to the carrier charge of freight is not enough to compensate the owner of the actual loss.If the actual loss compensation, the carrier Bear the risk of too much responsibility is not conducive to the development of railway transport.In order to protect and promote the development of railway transport in China, “People’s Republic of China Railway Law” (hereinafter referred to as the Railway Law) Article 17; "Railway transport enterprises should Carriage of goods, parcels, luggage from the time of delivery to delivery