A Study On Liability For Damage Caused By Good-Will Hitchhiking

China is a country of human kindness,and good-will hitchhiking exist in almost everyone’s daily life.With the expansion of the urban circle,the increasing convenience of transportation,the increase of car ownership and other factors,the frequency of good-will hitchhiking is also increasing.Good-will hitchhiking can effectively save energy and resources,help alleviate traffic congestion,and create a harmonious interpersonal relationship,which is a good thing for the country and the people.However,once a traffic accident that causes damage to the passenger occurs in the process of taking a good-will hitchhiking,it will often lead to the embarrassing situation that good things turn out to be bad,and even become the fuse of hostility among colleagues,relatives and friends.The provisions of Article1217 of the Civil Code are the encouragement of good-will hitchhiking,which is in line with the low-carbon and environmental protection concept advocated by the society.The law clearly reduces the responsibilities of the passengers,not only taking into account the interests of the passengers,but also protecting the interests of the passengers to a certain extent.This paper is guided by the issue of compensation for passengers’ damage caused by good-will hitchhiking,and summarizes the relevant domestic and foreign research status of this issue through literature research.This paper expounds the concept and nature of good-will hitchhiking,analyzes the judicial treatment of damage caused by good-will hitchhiking before the promulgation of the Civil Code,then introduces the provisions of liability for damage caused by good-will hitchhiking in the Civil Code,and finally explains the problems solved by the introduction of good-will hitchhiking provisions.After clarifying the definition and characteristics of good-will hitchhiking,this paper combs the judgments of good-will hitchhiking cases in the past two years after the promulgation and implementation of the Civil Code,extracts typical cases for analysis,expounds the problems solved by the promulgation of Article 1217 of the Civil Code,summarizes the shortcomings of the judgments of such cases,and then analyzes the reasons for the deficiencies in the judgments of such cases from the legislative and judicial aspects,This paper analyzes the legal basis of reducing the liability of bona fide drivers in the traffic accidents caused by the well-intentioned from three angles: the principle of public order and good customs,the principle of fairness,and the principle of fault liability.In view of the shortcomings of Article 1217 of the Civil Code,this paper puts forward some suggestions on the basis of analyzing and drawing on the legislative experience of the United States,Germany,France,Japan and other developed countries in respect of compensation for good intentions: 1.Make a clear definition of the key words of "non-operating motor vehicles","gratuitous" and "gross negligence";2.Clarify the principle of liability for damage caused by good intentions;3.Clarify the liability for compensation for damage caused by good intentions;4.Clarify the identification criteria for compensation reduction and exemption;5.Define the proportion range of compensation liability.In addition,this paper also suggests that in the case of compensation for good intentions,the compensation for mental damage should also be supported;In terms of formulating the repair system,this paper suggests that passengers should be included in the compulsory insurance of motor vehicles,and the scope of the relief fund should be expanded,so as to adjust the balance between the interests of the passengers and the passengers,effectively relieve the passengers,and also share the responsibilities of the passengers.