Research On The Value Conflict Of Justice And Interests Balance In The Goodwill Pick-up Referee

Good Will by means of people ride for free by well-intentioned people agreed to take actions, to promote friendship with the free and the characteristics of purpose. With the continuous development of our economy and society, the increasing number of motor vehicles, the daily life of the free ride phenomenon will continue. However, in the event of road traffic accident personal injury compensation disputes, how to divide the good will take the responsibility and it is a very difficult problem. Traced is the kindness of the existing legislation is not the same by the relevant provisions of the phenomenon, all over the court to exercise discretion in the process of varying scale, process inevitably will produce biased results. But in most cases, court decisions have increased the burden of good intentions, the conflict led to the value of justice. In view of this, the paper attempts to use inductive analysis, comparative analysis, literature analysis, empirical analysis and value analysis of kindness with the issue of damages by a more systematic and in-depth study, by analyzing the same courtesy by the nature of the proposed the balance of good intentions and take a superficial legal interest who proposed to fill with our good intentions by the phenomenon on the face of legal gaps.The paper is divided into four parts. Which is the full text of chapters III and IV where the focus and innovation. The first chapter highlights the concept of good intentions with the ride, features, status of domestic legislation, and then by the nature of the good intentions were identified with the sub-sector; second chapter of comparative analysis and empirical analysis virulence described by the referee with good intentions responsibility principle and judicial status and judicial practice are pointed out by the referee on the good intentions with real problems; Chapter inductive analysis and value analysis, induction of the good intentions of damages by the referee with the different values of justice and judicial form of value conflict, and further analysis of the value of goodwill with the causes of the conflict by justice; fourth chapter from the value-oriented principles and the specific legal regime applicable to construction of the improvement aspects, the principle of assumption of risk made a bold reference, which in turn balance of kindness with kindness by people with the same case by the legal interests of the proposals put forward some shallow.