Research About Liability Of Good Will Pick-up Causing Injure

As increasing of the motor vehicles, to improve vehicle utilization, ease traffic congestion, reduce environmental pollution, free riding has a positive meaning. We call free riding met some condition as good will pick-up in academic. Good will pick-up embodies helpfulness and kindness of the traditional virtues of the Chinese nation, which should be promoted. However, if an accident occurs during this process, who will assume responsibility, how much responsibility he should take? To these cases, the courts can not make relatively unanimous judgments because no effective laws or regulations have been stipulated and no rational consensus has been reached by people from academic and practical circles. In view of this, this paper points out some views and suggestions to law responsibility of good will pick-up causing injure.The paper is divided into four parts:The first part defined the concept of good will pick-up, points out the necessary qualification requirements which can constitute the both parties. And then summarizes the characteristics of good will pick-up ——good attention and behavior freely, which made it different from vehicle operation, test riding, free shuttle and so on.The second part analyzes the nature of good will pick-up and good will pick-up causing injure. And then, the author draws a conclusion that good will pick-up shall be Gefalligkeiten by making comparative analysis of different theories concerned. Good will pick-up causing injure is a tort which caused free rider’s personal or property damage, not including purely economic loss, during a traffic accident.The third part through empirical analysis and comparative analysis method, introduced China’s theoretical research conditions about criterion of liability of good will pick-up causing injure, legislative and judicial practice, analyzes the existing problems; and Germany, Japan, the United States concerning liability for Good will pick-up causing injure were introduced.The last part, suggestions about handling mechanism of good will pick-up causing injure are made from two aspects:criterion of liability and damage compensate, which not exactly the same. From the perspective of criterion of liability, fault principle should be applied in this stage, and contributory negligence principle is applied to reduce Infringer’s duty. However, in the future, as system improvement in motor insurance and social assistance system integrated, no-fault liability principle is applicable. From the perspective of damage compensate, the compensation range and content should be restricted based on the principle of fairness. Therefore, in order to better protect the interests of both parties, we need to improve motor vehicle insurance system and social assistance system, and establish the Trinity network of tort, compulsory insurance, social assistance.Theoretical aims to solve practical problems. Therefore, the author focuses on summarizing China’s practice on good will pick-up causing injure. The paper cites and analysis the Supreme People’s Court judicial interpretation of the relevant draft involved in terms of free riding and part of the district court’s relevant internal handling requirements. Meanwhile, the paper summarizes the judgment of good will pick-up causing injure and similar cases in Shanghai’s primary courts. On this basis, the author proposes opinions of handling mechanism about good will pick-up causing injure and pay attention to distinguish between external liability and internal damages, friendship of good will pick-up and damages of good will pick-up causing injure, criterion of liability and damage compensate. These are the innovation of this paper.