Study On Liability For Damages Caused By Goodwill Hitchhike

With the development of economy and the improvement of people's living standard,there are more and more people with cars in our country.Under this social background,the phenomenon of "hitchhiking" has become the norm.This kind of hitchhiker behavior is the civil law "good will to ride",that is to say,the rider takes a ride free of charge after the owner of the vehicle or the driver's invitation or consent.It provides convenience for people,alleviates traffic pressure,saves energy,and maintains people's feelings.It is a kind of good behavior of helping each other.In line with the socialist core values advocated by the socialist new type of interpersonal relations.However,once the torts and damages such as traffic accidents are caused by good intentions,they must be brought into the field of legal norms from the field of ethics.At present,there is no clear legal stipulation on the definition of the nature of good intentions and passengers and the division of liability for traffic accidents caused by good intentions in our country,and the guidance opinions issued by various regions are different,which leads to the failure to solve the cases of damages caused by good intentions and co-passengers in a timely manner.As a result,citizens' real rights can not be guaranteed,but also affect the feelings between people,which is not conducive to the establishment of a harmonious society.Therefore,it is realistic and necessary to discuss the liability of compensation for damages caused by good intentions and co-carriers.This paper,guided by the legal problems existing in the real life of our country,analyzes the internal relations of the damage caused by the good intentions and the co-riders,and discusses the internal relationship between the good intentions and the co-riders.It is divided into four parts.The first part is an overview of well-intentioned comultiplication,which mainly defines the basic concepts and characteristics of well-intentioned comultiplication,and analyzes in detail the legal nature of well-intentioned comultiplication,followed by a detailed analysis of the legal nature of well-intentioned comultiplication.This paper analyzes and summarizes the legitimacy of law intervention in good intentions and multiplication,which lays a foundation for the further discussion below.The second part is the legal analysis of the liability for damages caused by good intentions and co-carriers,combining with the current theoretical literature and different views of the academic community.This paper classifies and summarizes the basis of claim,the principle ofliability imputation and the reasons of defense of our country's liability for damages caused by good intentions and co-carriers.Highlight the controversial nature of the issue and the need to regulate it.The third part is the present situation of the liability for compensation for damages caused by good intentions and co-carriers,and analyzes the different theories of the liability of the theorists in our country.At the same time,it discusses the legislative basis of the liability and the current situation of the liability in judicial practice,and summarizes the existing problems.The fourth part is to perfect the legal consideration of the liability of compensation for damages caused by good intentions and co-carriers.Chapter 3.The existing problems from the system level and judicial practice to put forward the relevant measures to solve this kind of problems in order to put forward simple suggestions.