合同法第122条规定:因当事人一方的违约行为,侵害对方人身、财产权益的,受损害方有权选择依照本法要求其承担违约责任或者依照其他法律要求其承担侵权责任。此规定是为了充分保护当事人的诉讼权及保全其债权。可审判实践中,因当事人对法律条文理解不透,自己权益受到损害时,选择诉讼不慎重,明明赢定了的官司到头来还是输掉了。 1999年4月26日,西安B旅行社在山东A市一家报纸上刊登了“五一” Article 122 of the Contract Law stipulates that for one party's breach of contract infringing on the other's personal and property rights, the aggrieved party has the right to choose to bear the liability for breach of contract according to this Law or to bear the tort liability according to other laws. This provision is to fully protect the parties litigation rights and preserve their claims. In trial practice, due to the parties' understanding of the legal provisions, their own rights and interests are harmed, the choice of lawsuit is not careful, and obviously won the lawsuit in the end or lost. April 26, 1999, Xi'an B Travel Agency in Shandong A city published a “51”