A Study Of Legal Liability About Free Ride

With the developing growth of the amount of cars in our country，trafficaccidents occurred frequently. Basically, there are two laws relevant to settlement ofdisputes in traffic accidents: one is the Road Traffic Security Law2005(amended inDecember2007), another is the Tort Law2010. But there are still no rules about FreeRide Torts (Torts in Hitch-hiking), and there’s even no usual practice to this problemeither. Different courts make various judgments on the Free Ride Torts cases. It’s aproblem that Hitch-hiking is not a legal act, so there is no legal nexus between twoparts of hitch-hiking. We cannot deal with Free Ride Tort as usual traffic tort in viewof the specific characteristics of it. This article is a study of Free Ride Tort accordingto principles of Tort Law.The first part mainly introduces the concept, characteristic and nature of FreeRide. And it is classified into several types by different standards.The second part expounds the imputation principle of Free Ride Tort—faultliability. This part analyzes the status quo of research on Free Ride Tort in domesticand advances different standards of fault liability in personal casualty and propertyloss.The third part includes two parts: the conditions of the liability of Free Ride Tortand, the plea matters in infringement liability. The conditions of the liability of FreeRide Tort consist of wrongful acts, fault, damages and causality; the plea matters ininfringement liability in Free Ride Tort, mainly, there are three ones: assumption of risk, effect of antecedent agreement or understanding, contributory negligence.The fourth part is the conception of perfection damage compensation system ofFree Ride Tort. Considering the limitation of car insurance System, this article tries tofind a way to improve the system.