关键词: 占座行为, 违约行为, 侵权行为

Abstract: Firstly, the malicious occupying behavior is a breach of contract between the railway transport company and the passenger. Secondly, from the perspective of the person whose seat was occupied, it is a kind of infringement of creditors’ rights. Finally, from the perspective of the railway transport order administrator, it is an infringement of the public transport order. The occupied person may claim the breach of contract for the carrier based on the passenger transportation contract, or may file a lawsuit against the infringer based on the damage of its inherent interests. Malicious occupying behavior turns negative externality, so the government intervention is more effective than civil liability. The railway transportation management department should deal with malicious occupations as soon as possible. The design of the penalty system for the malicious occupants should be improved.

Key words: seat occupancy act, breach of contract, tort