The Study On The Tort Liability About Hitchhiking Causing Damage

Hitchhiking as a kind of good deed,which is strongly advocated by all countries.Our country has always been the traditional virtue of helping others,so the Hitchhiking is praised and encouraged by all members of the society.For the driver,the act of carrying other people without pay increases the friendship between them,and bring great satisfaction and gratification to his psychology.For the passenger,it is free to accept the service and saves the expense.For the society,Hitchhiking is a powerful measure to save energy,reduce emissions and protect the environment,which meet the need of the benign development of our society.However,it is not always easy to carry on the Hitchhiking,and it is very common to occur traffic accident and cause injury to the passenger.At this moment,how to properly resolve the tort liability dispute is a realistic topic before us.However,the current legislation in our country is blank,and the theoretical research is deficient,which leads to the inconsistent judgment of the court in this kind of case in practice.Base on the above analysis,it is of great theoretical and practical significance to carry out depth research on this issue.First of all,the first part of this paper mainly analyzes the legal nature of the Hitchhiking itself.Prior to this,there is a simple analysis and definition of the theoretical questions about the concept and criteria.Through the introduction and analysis of several main theories,this paper considers that it is a kind of friendship behavior that is free from the legal dimension.Because there is no contractual relationship between the parties involved in Hitchhiking,it can only lead to tort liability.However,in order to make the driver liable for compensation,it is necessary to prove that his infringement act is satisfied with the constitutive elements of tort liability.Therefore,this paper probes into two aspects with more controversial in theory,that is the illegality of the behavior and the principle of imputation.Through the analysis of the source of the driver's obligation,it is concluded that the driver doesn't take the legal security obligation,but just a general safety duty of care in life,and the former is further discussed in this paper.Because of lacking special provisions on the damage of Hitchhiking in present law,there is difference both in theory and practice on its principle of imputation.This paper,through empirical research and comparative law research,believes that the principle of fault liability should be adopted.In the end,in terms of the construction of the tort liability system of the damage caused by Hitchhiking,the paper puts forward some concrete suggestions,mainly including that to clarify the basic position of the fault liability principle,clarify the main defenses of such cases,and improve the diversified mechanism of the victim relief and so on,and I hope that there will be an active discussion in this issue.