A Study Of Free Ride Traffic Accident Compensation System

Since the reform and opening up, with the rapid development of China’s economy, the rapid increase in the number of vehicle ownership by, people travel more convenient, thus, in human society, China, ride the phenomenon is also increasing. This phenomenon is called the civil law "with good intentions by" that take people by car consent freebie behavior of the vehicle. This way to travel in person to take the offer convenience, ease the traffic pressure, but also to enhance the feelings between people, is conducive to the establishment of a harmonious society. At the same time, civil compensation issues such accidents also caused widespread concern. But our current legislation does not ride on the kindness with internal civil liability to make clear that the person who is infringing, how to pursue the infringer’s civil liability, and reach to protect the interests of people’s lives and property has been infringed, to bring some judicial practice difficulties.This article through to the chun-mei zhang jia care such as motor vehicle traffic accident liability case, case analysis and offer to take on the issue of compensation.The first chapter mainly discusses the "chun-mei zhang v. jia care" case is introduced in detail, to the case facts, a and the outcome of the hearing system, so as to put forward this case the focus of the controversial issues, and let the reader have a clear understanding on case.The second chapter analysis the case of disputes, from four aspects to sort out your kindness with a kind of traffic accident compensation.The first on the one hand, to offer to take the concept, characteristics and types of analysis.Second, starting from the legal nature of "kindness with times", the analysis of the right of claim of the damage compensation, is according to the relationship between contract or tort claim for compensation.The third aspect, analyzing well with passenger traffic accident liability for damage of the parties to what imputation principle should be applied, for compensation, the ground if there is a relief.The fourth aspect, analyzing whether all people have the liability for compensation.The fifth aspects of kindness in the class the scope of compensation of traffic accidents were analyzed, and the main direction of whether can claim compensation for mental damage.The third chapter is thinking about perfect kindness with take damages.