The Research Of Damages Liability Causing By Hitchhiking

In recent years, with the rapid economic development and rising ownership of motorvehicles in China, road traffic safety has brought more and more disputes. Although withthe motor vehicle related legal system more perfect, but there is a kind of disputes--withkindness by the damage caused by the dispute is still not properly disposed of. Usuallyhitchhiking is mutual action between the parties, the adjustment does not belong to thescope of the law, but when hitchhiking causing injury to persons or property, the nature ofthis kind of behavior is converted to tort, regulated by tort law. Different from the generaltort, hitchhiking with gefalligkeitsvehaltnis-between the parties is "benefit" and "benefit",and stressed that this "benefit" and "benefit" is not to pay any price, therefore, althoughwith the tort law regulation of this kind of dispute is appropriate, but in for damages,should consider its particularity.In western developed countries, the goodwill pick-up and the same attitude byinduced damage from the experience of the different treatment to equal one, which ismainly due to the development and perfection of the insurance system. Early, consider thespecial nature of kindness with multiply, focusing on legislation to provide the kindness ofthe owner, to emphasize its negligence or gross negligence will be of benefit on damageswere analyzed, and for paid use of passengers has given a more extensive protection; Later,as the value orientation of compulsory insurance by the compensated for the owner torescue victims, ultimately bear the compensation to the insurance company, at the sametime in the do not blow the owner well those in the protection.At present, in our country, the theory and practice of hitchhiking virulence of theimputation principle of attitude is ambiguous, liability exemption range differences.Although promulgated a series of laws and regulations as the basis for treatment of roadtraffic accident, but for hitchhiking of compensation for damage caused by no specialprovisions. The general conditions of hand with kindness by the damage caused by roadtraffic accident shall conform, road traffic accident belongs to, and the same passengeressentially belongs to the vulnerable groups, the claim should be the same with the generalnon motor vehicle, pedestrian has the same status, imputation principle should be appliedto the same. On the other hand "cross strong insurance regulations" are all by people fromthe insurance scope, in the event of an accident insurance does not carry any compensation,which makes the hitchhiking of compensation for damage caused by problems become full of good intentions and by the internal problems, well intentioned people will bearmore heavily liability for damages.Different from the traditional road dispute, in the existing insurance system, wellintentioned people do not necessarily in a strong position. Although with kindness bypeople and non-motor vehicles and pedestrians equal, but from a social welfareperspective, still should apply fault liability principle, in the person of good intention hasfault to compensation for damage by people. At the same time, learn the virtues of theprovisions of Britain, Japan and other countries, the establishment of contributorynegligence own risk, limit damages, compensation for moral damage, such as emissionreduction measures to mitigate the well-intentioned person responsible. To balance theinterests of both parties, encourage hitchhiking behavior.