A Study On The Liability For Liability For Injury In "Traffic Accident"

“Goodwill hitchhiking” means a situation where friends, colleagues, strangers suffer from traffic accidents and passengers injuries based on invitation of operators or promise to pick up guest passenger to their destination. Cases of “goodwill hitchhiking” are variable, that is, different cases have various disputes and diverse results of judgment. The major reasons for differences of disputes and results root in the matter of determining the nature of “goodwill hitchhiking”. In terms of determining the nature of “goodwill hitchhiking”, jurisprudence circle do not reach consensus with justice circle. As a result, great disputes on legal responsibility and undertaking obligation were resulted in the situation of traffic accident of “goodwill hitchhiking”. There is no one clear and specific rule and regulation enacted for dealing with law cases about “goodwill hitchhiking” traffic accidents in China. Based on current situation and background, each local court has different judgments and results on traffic accidents concerning “ goodwill hitchhiking ”. The article mainly analyzes nature-determining problem and legal responsibility of guest passengers. From the article, liability for fault will be regarded as primary attribution of liability, and combined with equity principle. Analyze the identification of hitchhiking, legal responsibility of hitchhiking and its undertake from legal principle and legal provisions. Hitchhiking should be classified into tort liability and principle of fault liability should be the priority doctrine of liability fixation for processing the hitchhiking cases. Judicial status and the public urgently need the legislature to issue laws of civil liability compensation caused by traffic accidents in hitchhiking conditions, complement and perfect China’s legal system, promote the society to be more harmony and stable.