| Compensation for damages caused by good-will hitchhiking has become an important type of damage compensation for road traffic accidents,but there are still disputes in theory,and in judicial practise.The "Civil Code" incorporates the "good-will hitchhikinge" clause into the tort law.Under this background,the factual determination,legal nature,basis of right of claim,and liability for damage caused by good-will drivers Redefinition is of great significance for the unified application of justice in the future.The nature of good-will hitchhiking is different from contract or management of business without mandate.It belongs to the category of friendship behaviors that have no legal effect.When harm is caused to the non-paying passenger,it becomes a tort and requires legal relief.In the tort liability system of our country,the status of the non-paying passenger is different from the motor vehicle side,and also from the pedestrian and non-motor vehicle side.The principle of fault liability should be applied,and the corresponding liability should be determined according to the degree of violation of the duty of care of the driver in good faith.Based on the legal policies,the measurement of the interests of all parties,and the impact of insurance factors,the liability for compensation of good-will drivers should be appropriately reduced.As an independent responsibility reduction rule,it is of great significance to protect the interests of non-paying passengers and build a harmonious and mutually beneficial social atmosphere by clarifying the basic rules,implementation methods and proportional benchmarks for the relief of good intentions. |
