Research On Civil Liability Of Hitchhiking Causing Injury

Kindness is the traditional virtues of the Chinese nation, this virtue can not only embodies in social events, but also be reflected in some tiny plots. Let others take yourself free is the typical behavior in our social life and we call it "hitchhiking" in academic. Hitchhiking is incontestable, but when cause injury, a peculiar traffic accident, for example, it will cause the countless discussions. These discussions include who will assume responsibility, how much responsibility you should take and so on.Except the introduction, the text is divided into five parts:The first part, the concept of hitchhiking causing injury.The author think the hitchhiking and hitchhiking causing injury have close relationship,so they will be discussed together. The author define the hitchhiking, hitchhiking causing injury and injury causing by hitchhiking. Hitchhiking causing injury is a special case of hitchhiking. It is the opposite of the hitchhiking which is successfully implemented. Injury causing by hitchhiking is a stage of hitchhiking causing injury, it emphasizes the traffic accident causing by the hitchhiking. Hitchhiking causing injury consists of the special subject, vehicles, drivers who agree with the hitchhiking and a accident. Good attention and behavior freely are the characteristics of it.The second part called cooperation of law and legal, it analyze the hitchhiking starting from the relationship of morality and law. The author think the hitchhiking causing injury will be divided into two stages----before the injury occurs and after the injury occurs. In the first stage, it is necessary for hitchhiking to be regulated by morality because of ethical requirements; in the second stage, it should be included in law as practice needs and recognition of fair.The third part focus on the analysis of the nature, its nature can also be divided into two stage. In the first stage, it is necessary for hitchhiking to be regulated by morality and the function of the law is restricted, therefore, the nature of the hitchhiking is a "Gefalligkeiten"; In this stage, the benefactor need not assume responsibility when he end the favor or do the favor not in time. In the second stage, a traffic accident involves people's health or other important value generally and exist fault, so it's nature belongs to tort.The forth part discusses the responsibilities based on its nature. According to the theory demands, national conditions and equity theory, it is more reasonable to apply fault principle, it does not exclude the fair principle, it is applicable that the gains offset the losses.The fifth part, legislation views about hitchhiking causing injury. Our new Torts Law has regulations about hitchhiking but the Law lacks clear rules. On the one hand, the author propose clear legislation on it, on the other hand, she gives some suggestions about the accident insurance and social relief fund system. She is looking forward to her little thinking giving the society some benefits.