Research On The Liability Of The Damage And Compensation For Lifts With Good Intentions

Our country is in the middle of industrialization,owing to the serious traffic congestion and auto pollution kindness with phenomenon is increasingly common.In some countries,drop by and even become a normal way to travel.The CPPCC national committee Jin Zhengxin suggest that we set up a "world day ride",initiative "neighborhood close by",establish a "free ride" posted along the passenger information.In China,kindness with highlight the contribution to the energy conservation,and maintain or enhance the friendship.General Civil Law of the People's Republic of China article 8,"the civil subject in civil activities,should be conducive to saving resources,protect the ecological environment." This remind us that in the aspect of law for kindness in the liability for damages to regulation.Despite the kindness with a related issues to discuss more and more,however,the judicial practice and academic circles is still a controversy is greater than the consensus.Kindness with a fact or civil juristic fact is pure life?Kindness with multiplication and passenger transport contract is the relationship between free?Whether damage is limited to "appropriate compensation"?For kindness people liable for damages appropriately reduced by legal theory is based on?These are the academic circles has long disputed point.Based on the strong problem to point to in China,combined with the regional court in 2014 with 70 pieces of kindness by disputes,refer to the typical system in three countries,multidimensional analysis theory knowledge.Emphasis on the existing legal system in our country,on the basis of analysis for its applicable,imputation principle,bear,special rules,etc.,searching for the liability to pay compensation of more complete treatment scheme.In theoretical innovation,this paper attempts to fill kindness with a cause person damage liability theory;and in the legislative and judicial settlement mechanism,provide some beneficial reference opinions.To research methods:theoretical propositions are based on real cases,commentary and analysis of the theory of proposition is based on the analysis of real cases.