Research On The Civil Liability Of Pick-up With Good Intention

In recent years, there emerged a special type of tort cases accepted by local courtsnationwide which the passengers who are picked up by other’s motor vehicles withoutcharge sue the owners or the drivers because of being hurt by the traffic accidents.Generally speaking, the free riding is so-called “pick-up with good intention”(hereinafter referred to as PGI).However, the courts can not make relativelyunanimous judgments for this special traffic accidents cases caused by PGI undercircumstances that no written provisions concerning with the PGI’s nature anddefinition are stipulated by any effective laws or regulations. As well as that norational consensus has been reached by people from academic and practical circles.The Article firstly analyzes the distinctions between the PGI and similar conducts andthen draws a conclusion that PGI shall be Gef lligkeiten (kindness favor) rather thanRechtsgesch ft (legal act).In judicial practice, the Gef lligkeiten can also inducedisputes that infringe on the gratuitous passengers’ personal and property rightsdespite of its special non-legal act characteristics.Therefore the tort disputes arisingfrom the PGI shall be governed by the statutes and necessitate a further discussion bythis paper.The Article consists of four parts, the first part mainly states the definition of thePGI through comparative analysis method and then points out the necessaryqualification requirements which can constitute the PGI’s parties. The second part mainly analyzes the nature and the characteristics of the PGI.And then, the author draws a conclusion that PGI shall be Gef lligkeiten (kindnessfavor) rather than Rechtsgesch ft (legal act) by making comparative analysis ofdifferent theories concerned. In addition, this part also generalizes the necessarycharacteristics of the PGI.The third part mainly elaborates the imputation principle of the PGI and makessome legislation comparisons between China and certain developed countries. First,by weighing both parties’ interests of the PGI, the author proposes that the imputationprinciple of the PGI shall not only be fault liability with mitigated responsibility butalso shall conclude the fair loss-sharing rule for supplement in consideration of itsspecial characteristics; Second, the author investigates some similar provisions ofcertain developed countries in order to draw on the experience from them; Third, theauthor analyzes a latest clause quoted from a draft judicial interpretation released bythe Supreme People’s Court of P.R.C. and relevant regulations applied in certainjurisdictions promulgated by courts nationwide. Finally, the author makes analysis oftwenty-five cases ever heard by different courts through a statistical table.The fourth part mainly sets forth the ways to compensate the damages of thegratuitous passengers——establishing and improving the motor vehicle compulsoryinsurance system and comprehensive social relief system.