A Study Of Liability For Damage Caused By Good Intentions

Sharing with kindness is not rare in our daily life.With the development of social economy,it can be seen everywhere that every family has a private car.But the increasing awareness of environmental protection among citizens has also boosted the number of well-intention co-riders,which not only reflects the friendship between friends,but also contributes to social energy conservation and emission reduction.Civil law does not clearly define the nature of good-will co-occurrence,but it is often believed that good-will co-occurrence should be classified as good-will benefit-giving,that is,there is no agreement between the two parties to set the rights and obligations for the other party in the good-will benefit-giving,and there is no legal relationship,so both parties are not legally bound.At the same time,the behavior of goodwill also has the characteristics of non-compensation,altruism and non-constraint.However,if a traffic accident causing damage occurs in the process of the driver taking a free ride with the driver with good intentions,the category of friendship behavior is broken.In this case,it is necessary to judge whether the driver constitutes an infringement.If the driver’s behavior meets the requirements for constituting an infringement,it means that the driver is bound by law and needs to bear the liability for compensation.In judicial practice,when judging whether the driver constitutes good intentions in the accident causing damage,it is necessary to determine whether it conforms to the specific behavior characteristics one by one.The State of the People’s Republic of China and the Civil Code(hereinafter referred to as the Civil Code)provide for the distribution of liability after damage caused by good intentions.First of all,in our tort liability system,the legal status of taking advantage of the people in good intentions is relatively special.Therefore,the status of fellow passengers changes due to the occurrence of traffic accidents,and they are neither motor vehicle drivers nor non-motor vehicles(including pedestrians)as stipulated in the general recognition of traffic accident tort.Therefore,it is necessary to discuss how to apply the imputation principle of tort liability.By comparing the existing views on the definition of the nature of the act of co-occurrence with good intentions,the author thinks that the case of co-occurrence with good intentions should apply the general imputation principle of tort liability in judicial practice,that is,it is more reasonable for the court to take the fault principle as the standard.The Civil Code,based on the principle of unity of rights and responsibilities,good social atmosphere and other factors,has stipulated that the proportion of liability that should be borne by the bone a fide driver should be reduced in the event of damage caused by good intentions.However,when the liability for causing damage is divided in the specific provisions,the law only stipulates that the liability reduction rule should be applied to the driver who provides the free ride to reduce his liability,excluding the driver’s intentional and gross negligence for the situation causing damage.When the liability reduction rules stipulated in the above laws are specifically applied,the effect of how to combine the liability reduction rules with the cases in judicial practice will be closer to the expected effect of the provisions of the law.In the specific research,we should study and discuss how to determine the facts and reasons of the driver’s responsibility reduction,whether the behavior of the passenger can lead to the driver’s responsibility reduction,and what kind of responsibility reduction share and proportion can be obtained by the judge in the specific case by applying this provision.In addition,there are different opinions in practice on how to realize the relief for the damage of the fellow passenger.In different cases,some courts support that the driver should make certain compensation for mental damage to fellow passengers,while some courts do not support the claim for mental damage of fellow passengers on the premise of good faith riding together.Therefore,whether the court should support the compensation for mental damage caused by good faith riding together?And how to calculate the amount of compensation in cases supporting emotional damages are also urgent problems to be solved.This paper will further discuss how to solve the dilemma of good-faith co-occupancy rule through case analysis,and provide reference for judicial practice.