Research On Civil Liability Of Hitchhiking Causing Free Passenger Injury

Hitchhiking refers to the action that rides the same motor by consent of the kindness person. The most significant characteristics are free and kindness which is a good traditional Chinese virtues that treat people kindly. However, if a traffic accident happens during the traveling time causing the passenger heavy injured. The responsibility of person with the kindness is a troublesome legal issue. The paper first analysis the nature of hitchhiking which leads to that hitchhiking is one kind of friendship behavior, at the mean time proposes the suggestions that how to balance the legal benefit between the passenger and kindness person when accident happens during the traveling time.Except the introduction and conclusion, the paper is divided into three parts:First part: introducing the civil liability of hitchhiking causing the passenger damaged.First analyzing the conception and characteristic of hitchhiking. Then distinguish the ambiguous actions between hitchhiking. To get the conclusion that the nature of the hitchhiking is a gefalligkeiten behavior based on the comparative analyst. Next is to propose that it is infringement action if the kindness person causes the passenger damaged. The principle of the responsibility is that is against the security obligation of the passenger. Finally the paper will mention the action of the hitchhiking is a self-relative exclusion of self-willingness risk.Second part: the theories research and practical of the civil liabilities if the hitchhiking causing the passenger damaged. The major methods used in this part are inductive analysis, comparative analysis. According to analysis the typical examples about the hitchhiking causing the passenger damaged from domestic and international to get the revelation of our country.Third part:the construction of the civil liability of hitchhiking causing passenger damaged in China. This part first according to the comparative analysis of the nature of hitchhiking of domestic and international to point out that it is more reasonable to use fault principle to measure the hitchhiking causing the passenger damaged, at the same time using fair principle and contributory negligence to seek balancing the benefit of the kindness person and passenger. Finally give some suggestions from the angle of the legal, social insurance and social assistance, hoping to bring some benefit to the interest protection of hitchhiking and passenger.