The Civil Law Research By Acts Of Kindness

With the development of society，in recent years China motor vehiclepopulation is increasing rapidly, it becomes It is quite common for hitchhikingbehavior‘However，the civil disputes is increasing, but our law does notregulate the problem，different courts make judicial decisions also be quitedifferent，cause of the disputes and accept. So the author thinks that is apressing matter of the moment of hitchhiking behavior problems of civil law.The nature is: not at the time of the accident is firendship act, after theaccident is transformed into the tort, the latter by the”tort liability law1,adjustment.Since2009promulgated the "tort liability act" is on the road in the sixthchapter has special provisions, refinement of the various traffic accidentcompensation, but the goodwill pick-up is not speciifed. Foreign developedcountries in the relevant hitchhiking behavior caused by the infringement casesalways consider in more detail，it is mainly related to their economicdevelopment has entered the era of automobile. In some countries thepeople-oriented thought under the guidance of carrying out humanitarian relief,especially civil law will be of no fault liability in tort law will be introduced,traffic accidents also included into the scope of responsibility for risk, that isfrom the negligence liability without negligence transition. The authorsuggests: ifrst be identified with kindness by tort liability; second to establishgood imputation principles of tort liability by behavior; third clearlyhitchhiking behavior tort liability manner; fourth, with kindness by peopleshould be included in the scope of insurance.The author would like to construct our country hitchhiking behavior legalmechanism through this series of measures.