The Research Of Civil Liability Causing By Hitchhiking

The injury causing by hitchhiking is causing by a peculiar traffic accident and the Law on Road Traffic Safety and other regulations about road safety don't say more about such accidents. The principle of liability without fault can't be applied here for the suffer is inside the car .At the same time ,the one caused harm should be diminished liability for his favor.So far,there are not consensus about this question whether in theory circle or in practical circle. This paper aims to form a new system of accoutability to settle the difficulities we faced ,and to arouse further studies on this issue.Firstly,this paper analyzed the nature of hichiking:it's a"Gefalligkeiten",but not a legal act or a factual behaviors .We can't settle suche problems using the passenger carrige contract theory ,for there isn't contract in "Gefalligkeiten".In the similar way ,the principle of liability without fault can't be applied here too. Secondly,this paper analyzed the nature of the liability causing byhitchhiking.In hitchhiking,the driver assures safety assuring duties to the passenger,and he should incure liability for tort but not liability of breach of contract.Thirdly,I analyzed the regulations of other coutries about hitchhiking on the basis of which I put forward a principle of attribution based on the principle of fault liability with principle of fairness to add to the liability system.At last ,this paper tyied to perfect the hitchihiking system by making up for the suffer.The main contents are :to reform the third party liability insurance system;to popularize seat insurance;to let the road traffic accident social relief found play a active role.