Well-intentioned Research With The Multiplied Civil Liability

"Hitchhiking"is a common phenomenon in many countries around the world, it also gives rise to many dispute. In all disputes, how to deal with the damages caused by the driver of the automobile is most popular. Most people believed that: in fact, its civil liability is a tort liability. However, the question of how to pursue the infringer's liability, our law does not answer, which made the actual decision difficult in such case. It has great theoretical and practical significance to analyze the question, and also contribute to the good development of this social phenomenon .Based on the law of foreign countries and studies of scholars, this paper discuss the causation, the infringer's fault, the liability reduce or exempt, and other issues. This paper includes five chapters.Chapter I: Draw on the related legal provisions and cases of Japan, Germany and America, to discuss and define the scope of the victim, in other words, the scope of the hitchhiker.Chapter II: Point out that the damage including damage of personal rights and interests and damage of property rights.Chapter III: Analyze the causation of the torts in hitchhiking. Support academic general point of view, using suitable causal relation. The special physical of the hitchhiker is the environment of the causation which running, does not affect the judgment of causation.Chapter IV: Analyze the infringer's fault. This is a key part of this paper. Draw on civil law and common law legislation and theory, and examine the background of the relevant provisions of Two Schools. Based on our judicial practice and theory of the tort liability, point out that the infringer's fault only includes negligence, and intentional not include.Chapter V: Discuss the reduction and exemption of the tort liability. This is another focus of this paper. Considering our insurance system isn't as developed as other countries'. If the infringer should assume all responsibilities, on one hand, it will result in tremendous economic burden on the driver, on the other hand, it will not conducive to the formation of good morality. Therefore, the liability of the infringer should be reduce or exempt. Firstly, referees should be noted that exemption agreement, compare negligence, assumption of risk. Secondly, base on the principle of fairness or the principle of good faith to mitigate the motor driver's liability.