Research On Legal Problems About Pick-up With Good Intention

With a good tradition of cultural etiquette,China pays much attention to the mutual help and care between people.So pick-up with the good intention should be advocated for the sake of our community.However,pick-up with good intention falls under the category of civil behavior because it is excluded from the legal system.In disputes concerned which is not bound nor protected by law,local courts can't consult any relevant laws and regulations,thus causing confusion in dealing with the relevant cases because there is no uniform standard.In reality,the frequent occurrence of such disputes and the current legal powerlessness of our laws call for more attention.Comparing the cases of Huang Fengfen and Ye Hongfu,this paper analyzes the concept,nature and imputation principle of tort liability.The first chapter mainly introduces the details of the two cases,and systematically summarizes the facts about the situation of the hearing and the outcome of the judgment,thus concluding controversial issue in this case,so that the reader has a clear understanding of the cases.The second chapter analyzes the controversial issue in the case from three aspects,so as to sort out the compensation problem of pick-up with good intention in traffic accidents.On the first hand,the concept and characteristics of good intention are analyzed to determine whether the behavior of the parties in both cases belong to pick-up with good intention.In the second aspect,from the legal nature of "good intention",it is reasonable to rely on the law to make the claim for damages.In the third aspect,it is necessary to analyze the liability for damage of both parties in the traffic accident,to determine whether the owner of the vehicle is to reduce the duty of care due to its "good intent",what principle of imputation should be applied,and introduce two principles: offset of misdeeds and risk-sharing to balance the burden of responsibility between the parties.The third chapter puts forward relevant measures to improve problems caused in pick-up with good intention.