The Research On The Matters Of Local Character Of The Creative Local Regulations

With the increase of private cars, more frequent traffic accident isaccompanying. The disputes of goodwill picking up, which we call“hitchhiking” instead are emerging in an endless stream. Hitchhiking, namelywe often say free ride, it is designed to enhance mutual friendship, afriendship behavior conducive to social morality construction. In general, thefriendship behavior is not in the law category, while it is adjusted by moral,habits and social norms. But if hitchhiking cause damages, the law shouldalso intervene and adjust it. Hitchhiking, with the features of kindness andfree of charge, the law should give full consideration in dealing such disputesand establish a set of special rules to better the legal and social effect.However, in real practice, Chinese law has no specific provisions forhitchhiking, so different courts have various verdicts. Meanwhile, thetheoretical research in this field is weak and little involved, and the legalrules are also lacking of, all giving rise to many problems when court dealingsuch disputes. Therefore, we need to define the nature of hitchhiking, andexplore the relating civil liability, establishing the related rules to better safeguarding the legitimate rights and interests of the legal parties.This paper is divided into four parts.The first part is the general concept and outline of hitchhiking. On basis ofdefining the hitchhiking concept, it analysis the related features such asgoodwill, gratuitous, consensus, and non-profiting, it also discusses thevarious academic opinions of hitchhiking.The second part discusses relevant foreign legislations and academicresearches. It introduces the American “Automobile guest rules”, French“Badinter Law”, Germany “non fault liability” as well as hitchhiking liabilityrules in Japan. China should draw on the experience of the above countries.The third part is mainly on the flaws existing in hitchhiking theoretical andpractical fields in China. By introducing the domestic theoretical researchand court verdicts, it could piece many problem veils and present many flawsThe fourth chapter is on improving the hitchhiking tort liability, by drawingon existing research results at home and abroad, according to the author’spractical experience, it puts forward some ways to improve the aboveinstitution, such as good intentions, the principle of fault liability,fairness,contributory negligence, as well as liability insurance system, all tosafeguard the interests of the parties.