| Because of the helpful such traditional culture edification and alleviate thepressure of road commuting and pollution of the environment,"kindness with by" thebehavior more and more appear in our life. Comes with all kinds of because ofkindness with by the civil infringement cases also will increase. However, at presentour country has not yet on the legislation of kindness with take make that clear, theoryand practice did not reach the consensus of opinion, this can make our country’scourts in dealing with similar cases will make different decision, and in most cases,the court’s decision has increased the burden of kindness people, caused the public todo "good" still need to bear the responsibility of doubt, even for next time to do"good" has produced resistance, produced a kind of very bad social effect. Investigateits reason, lies in the kindness in the cases of infringement no a unified standard.The author believes that the particularity of kindness with take is that it is ainterpersonal communication to establish trust each other after a relationship offriendship, is not a legal act or not a fact behavior, is an act of kindness patronage isnot legal adjustment by category. But in the process of kindness with a possibleviolation of personal and property rights of others and cause tort relationship, it isadjusted by the law. In dealing with such cases, therefore, should be based on thetheory of law, and should fully consider factors kindness with a friendship, or even tovisualise the verdict may produce of social effects, namely the need to fullycoordinate the legal effect and social effect of unity.In this paper, besides introduction and conclusion, the text is divided into fourchapters： the first chapter analyzes the theory, this paper introduces the concept ofkindness with multiplication and the judgment standard, to distinguish the kindnessand the multiplication and kindness and take the lead to the damage caused by theinfringement are two kinds of different nature. The second chapter discusses theimputation principle of kindness with by, through the analysis and based on the experience of the countries outside and summarizes the current practice situation inour country, the author puts forward the kindness in the tort liability imputationprinciple should be based on the principle of fault liability with fair share the lossrules for added. The third chapter discusses kindness with take a comprehensiveconsideration when determining the liability for compensation needs, such asaffinity-disaffinity relationship, mental compensation, forgiveness and small claimcases balance, etc. The fourth chapter discusses the idea of perfect the damagecompensation system and safeguard measures, points out that to improve the systemof insurance system and road benefits, and boldly put forward under the condition ofkindness with by the specific reference to risk from gansu principles of responsibilityto reduce and exempt kindness people. |
