The Study On The Tort Liability About Hi Tchhiking Causing Injury

Hitchhiking is a new thing to a certain stage of development of the society.No w thousands of families have a car.Car is not a luxury but a general goods.So Hi tchhiking becomes more and more normal. It has many positive meanings for the driver,the passenger,the state and the society:Generally Hitchhiking is a good ch ance to get friendship for the driver;For passengers,it’s a good way to save mone y with less troubles;For the country, it can not only save resources but also reduc e environmental pollution.Of course, it is consistent with national sustainable devel opment ecological objectives; As for the society, it contributes to the formation of good moral.However, its definition is still not clear.There are many dissensions a bout its conception and properties in theory.so it is difficult to definite what is Hi tchhiking on earth.In order to fully play its role,it is quite necessary to give an e xact and clear conception of Hitchhiking.After a comprehensive analysis of hitchhi king,it can be defined as a behavior with friendship and emotion. Its conception is below:Hitchhiking is a behavior that the driver and the passenger are agree on f or kindness and free of charge. After a comparing among Hitchhiking, illegal oper ations and free passenger transportation agreement.Its conception becomes more cle ar.It must meet three conditions :firstly, the driver must be acting in good faith;seco ndly,this behavior must be for free;thirdly,they have the same destination.The driver and passenger are a friendly relationship before causing damage.but once the damage occurs,friendly relationship has been destroyed,passengers’litigat ion to motorists for compensation instead of friendly relationship.However, the da mage of Hitchhiking is different from the general tort.the subject and the object o f this damage have to be further defined.In this type of tort liability,subjectively, t he driver doesn’t want to lead to this damage.So this behavior can not be determi ned whether it’s illegal or not.Especially,the driver and the passenger may all be injured. So who should take tort liability in this case is real a new challenge.lt me ans the general rules of the tort law are not effective enough.At present,there isn’t targeted rules about this case in Chinese laws.What’s more,many of the problems are encountered in practice.For this point,We can learn a lot from foreign practic es.In practice,it has caused a considerable controversy about how to take on the responsibility after the damage occurred.It is still a question whether the driver’s good faith can become a reason to mitigate their responsibility and how much it can work.On tort liability,what’s the degree to the driver about taking on responsi bility and how to divide the responsibilities are still not clear.Only relying on the the driver’s relief would lead to serious problems.To solve the above problems,w e have many things to do.Firstly,it should be imposed on the principles of liabilit y for fault .The driver and the passenger should be put at the same level to deter mine responsibility and exhort them to work together to reduce traffic accidents.M eanwhile,the driver should be defined as kindness. Relief can not completely rely on the driver to bear.And then how to take responsibility about this case is clear, and the public will also change their attitude to this.When the driver takes on the responsibilities quite unequally,the laws should adapt the principles to ease.At the same time the relief of plaintiff must adapt to change in tort law and focus on t he combination of liability insurance and the social security system.