The Analysis Of Traffic Accident Duty In "Good Will Pick-up"

In real life, there is a new phenomenon that is "hitch a ride", however, this kind of behavior is legal terminology ride "kindness with times". With the rapid development of economy, more and more the number of motor vehicles, have to perform. The day driving policy, private cars motorists free drop from common friend a ride this lift a finger. So, from a friend a ride by more and more things right. One for your kindness to take in China caused by road traffic accident is still no clear responsibility division, there is no relevant laws, transport minister Yang Chuantang on two sessions in 2016 are put forward: incentive by, lift, etc. In the form of share economy. Believe in the future there will be more and more disputes in road traffic accident is caused by kindness with multiplication. Thus caused by road traffic accident. What should I do? Who will bear the legal responsibility? Because it is kindness with multiplication can be exempted from be take the responsibility of the person? So, about kindness with passenger traffic accident responsibility. Become a problem to be solved at present.Kindness by process without the occurrence of traffic accidents, the supply of vehicles and passengers between the existing friendly and harmonious relationship, however, as long as the personal and property damage occurred, supply of vehicles and passengers between social relations from kindness into compensation aboard the relationship. But kindness with multiplication and general tort case is different, with kindness by in case the infringement subject, object of the responsibility undertakes the need to further clarify, if supply vehicles in the traffic accident was not intentional, the damage appear some special cases, this case, kindness by tort liability of the bear will be facing a major challenge.In this paper, we first give the two kindness by case and for the two cases were analyzed in detail, based on proposed in kindness by tort liability in the process of undertaking, want deep discussion to this problem, we need to detailed understanding with kindness by in the process of knowledge. How to define kindness by, the supply of vehicles and passengers in the kindness of the city in the process need what kind of rights and obligations, with kindness by traffic accident in which the existence of the legal nature, how tort rules exist in the traffic accident. To this, the provisions of the foreign already have comparative perfect, and the regulation of our country has not been unified and clear to handle the kindness to take the responsibility of, cause all over the country court in the exercise of discretion in the process of weighing have different specifications, the judgement of each are not identical. Because of this, this paper USES both kindness and take cases caused by traffic accident, for your kindness and by definition, characteristics, nature and imputation principle analysis is introduced, based on this, and for your kindness with passenger traffic accident responsibility own some shallow Suggestions are put forward.