On The Civil Compensatory Damages Of Goodwill Pick-up

With the economic development and people’s living standards improve, the carthat luxury goods are getting into homes of ordinary people, daily life, whether paidor free ride increasingly common phenomenon, and sometimes it is inevitable therewill be unexpected accident occurs everyone, especially for the freebie, thatwell-intentioned fellow passenger areas, our current laws are not appropriate specialregulation, local courts in the specific judicial practice, the lack of uniformregulations as the basis, resulting in the trial the results difficult to achieve fairnessand justice, but also with France reflect the value there is a certain gap. Based on this,the author of the well-intentioned fellow passenger of civil damages issues werediscussed by imputation status, legal analysis, extraterritorial Experience enhancecountermeasures, in order to promote the well-intentioned fellow passenger civildamages in the legal system on scientific, standardized operation.The first part introduces the concept of well-intentioned fellow passenger,features, scoping, and on its legal nature and theoretical controversy was analyzedand discussed.In the second part, we take our good intentions with the practice of law for civildamages analyzes of the current situation. Overall, our fellow passenger on thekindness civil damages law practice, gaps still exist legal provisions to support thetheory of the weak; referee mixed results, contrary to the idea of justice; protect theinterests of drivers missing, such as poor acceptability referee Results problem.Therefore, based on moral and practical needs of the common areas of the law, aswell as the construction of a harmonious society important content and inevitablerequirement in strengthening civil damages multiplied kindness with legal regulationsystem, has a strong practical significance.This third part describes the kindness of fellow passenger civil damagesdetermination and attribution. Clear focus on the good intentions of the principle offault attributable to the same civil damages by the judicial application of the compensation body finds that the driver at fault identification, proof of responsibility,identify the scope of compensation are analyzed and discussed the principle of faultliability and relief; own risk contributory negligence principles and the principle ofgood intentions fellow passenger in civil damages practice collaborative applications.In the fourth part, elaborated with good intentions extraterritorial legislation bycivil damages some good experiences and practices on China’s legal practice have astrong reference and enlightenment.This fifth part, it based on the above analysis, proposed by our good intentionswith the perfect system for civil damages countermeasures measure. In the legalregulation, we should timely revision "Tort Liability Act," insisted principle of faultliability, restrictions take the main areas, a clear scope of damages, clearly diminishedresponsibility cases, limited exemptions apply, etc.; in social relief, we should focuson expanding liability insurance range, the establishment of social assistance funds, inorder to better promote the well-intentioned fellow passenger and the rule of law inour society to build a harmonious society in an important role.