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Research On The Infringement Liability Of Hitchhiking

Posted on:2019-12-23Degree:MasterType:Thesis
Country:ChinaCandidate:Z B ZhouFull Text:PDF
GTID:2416330596451822Subject:Law
Abstract/Summary:PDF Full Text Request
Out of good intentions to carry other people along the way,in academically,"hitchhiking." However,"hitchhiking" has always been a general concept of legal terminology.Its specific concepts and how to divide the defined standards have not been able to form a unified,clear and authoritative viewpoint.With the popularization of automobiles in our country,it is more and more common for good intentions to multiply.Although this behavior has its good intentions of traditional virtues,due to the alarming number of traffic accidents in China,disputes of compensation for hitchhiking and damage caused by riding are also increasing.However,there are gaps in the current laws of our country.This has led to the situation in which the judicial guidance in different parts of the country are different or even contradictory.Therefore,how to allocate well-intentioned reciprocal damage liability is an urgent problem to be solved.This article is divided into three parts.The first part of the article first studies the basic theories of good intentional multiplication.The author summarizes various theoretical theories about hitchhiking and multiplication by reading books and collecting books.Secondly,the characteristics of good intentional multiplication are analyzed in detail,and the differences between hitchhiking and no-cause management and contract are compared.Finally,various theories are compared and analyzed in detail.It is clear that hitchhiking behavior are the behavior of friendship..The second part is to discuss the principle of responsibility for the harm of tort liability in damages.The first is the analysis of the theory of the current application ofvarious principles of liability and their respective drawbacks,and then refer to the relevant provisions of the law outside the domain,learn from the advanced experience which can be in line with China's national conditions,in order to lay the foundation for the specific improvement of China's liability principles.Then,through the collection of cases in judicial practice,the specific treatment methods for such cases in the judicial practice are summed up,and these situations are analyzed and explored.The third part is the detailed improvement of the principle of fault liability for hitchhiking homosexuality.Firstly,it demonstrates the drawbacks of the application of the principle of no-fault,and then explains the rationality of the principle of fault,emphasizing that general negligence should be used as a measure of fault,and then it should be applied according to the theoretical requirements of the principle of imputation,national conditions,and the pursuit of fair value.The negligence balance system and the fairness principle are applied to the supplement.Finally,through the analysis and study of the insurance system and the road assistance fund mechanism,we propose ways to spread the hitchhiking responsibility.
Keywords/Search Tags:Hitchhiking, Tort liability, The principle of imputation
PDF Full Text Request
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