Researches On The Tort Liability Of The Damage And Compensation For Good-will Hitchhiking

Hitchhiking is the academic name of giving someone a lift.With the arrival of vehicle,on the basis of mutual benefit,good-will hitchhikings are also becoming increasingly common in daily life.Although Hitchhiking bring us convenience,but disputes of the compensation of the personal injury caused by good-will hitchhiking frequently appear due to sustained traffic accidents.Because of the speciality of hitchhiking's tortious acts,there is no corresponding legal rule in the existing law.The lack of legal norms makes the appearance of the conflicts of judicial suggestions and makes the phenomenon of different sentences towards the same case overflows heavily.Thus,how to properly solve the problem of hitchhikings' compensation is a common problem faced by the legal profession and the whole society.This paper is divided into three parts.The intention of the first part is to raise questions.First is to determine the connotation of the research object,that is,by analysis of the various doctrines' connotation about good-will hitchhiking and by viewing the practices of the judiciary on the identification of the composition of hitchhiking,the author define its concept and the scope of the subject is also determined.Then the paper discusses its characteristics and the differences between hitchhiking and similar behaviors.Moreover,the paper through the theory analysis to explore the nature of good intentions.Defining the nature of kindness and behavior belongs to friendship behaviors.And on this basis the author demonstrates that it is changed from friendship behavior to tort theory basis.Later it talks about the rationality of ensuring the right of claim for tort damages from the angle of the violation of duty of attention.Finally,the paper discusses the existing legal norms and the main problems of the compensation of the tort damages in China.The purpose of the second part is to analyses the principle of liability of good-will hitchhikings' tort damage.Firstly,the paper focuses on the analysis of the various views on the principle of attribution and then evaluation and summary.Then author use the empirical analysis method to investigate the specific practices of establishing the principle of attribution in judicial practices,and explores the reasons behind these practices.Then it present the provisions of the principle of liability fixation in the laws of foreign country.By absorbing the content of reference value in order to lay the foundation for the establishment of the imputation principle below.Finally,the paper demonstrates the rationality of applying fault principle as the principle of liability for hitchhiking tort compensation from various angles.Then it defines the duty content and degree of fault of the fault principle.The third part is to dissect the scope of the good-will hitchhikings' compensation.The first is to discuss the various theories of the scope of compensation for damages,then it analyzes the reasons to support and oppose the scope of compensation.And then the author uses the empirical analysis method to analyze how we define the scope of compensation and the deep reason behind it.Secondly,the comparative analysis is used to analyze the relevant legislative provisions on the scope of compensation for the damage of tort in foreign countries,looking for a reference,To provide reference for better definition of compensation range.Then it defines the specific scope of liability,including physical damage and property damage,and restrictions on moral damage and indirect losses.Finally,the agreement exemption,the principle of fairness as a special case to consider the scope of compensation.