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

摘要： 恶意占座行为，首先是一种铁路客运合同的违约行为；其次从被占座人角度来看，是一种侵害债权行为；最后从铁路运输秩序管理者角度来看，是一种侵害公共运输秩序行为。被占座人可以基于旅客运输合同向承运人主张违约救济，也可以基于其固有利益的损害向被占座人提起侵害债权之诉。恶意占座行为具有负外部性，政府干预比民事赔偿责任更有效。铁路运管部门应尽可能及时应对恶意占座行为，完善对恶意占座人限乘处罚的制度设计。

关键词: 占座行为, 违约行为, 侵权行为