Evaluation And Analysis Of Free Ride Compensation Dispute Cases

The issue of “free ride” in traffic accidents had not been clearly defined until the civil Code was issued.Article 1217 of the Civil Code,which has come into force,clearly stipulates for the first time the liability of sharing the free ride.By comparing the relevant cases before and after the civil Code came into effect,it is found that after the Civil Code came into effect,the judgment with free ride tended to be uniform in value judgment,the judgment scale was different,and the determination of gross negligence was different.Generally speaking,there is no disagreement on the value judgment of whether the liability should be reduced in the case of traffic accident,but the compensation of the passenger is not without controversy in practice.To sum up,the distribution of burden of proof,determination of gross negligence and the range of liability reduction are the main focus of controversy.To reflect these focus issues,considering that individual traffic accident cases are not complicated,three group sample cases are selected from the search cases for comparison.These focus issues have different opinions,so it is worth analyzing.In terms of the distribution of burden of proof,good-faith co-multiplication needs to prove two facts,the first is non-operational,and the second is free.Considering that it is very difficult for driver to prove that the free is true,it is more beneficial to find out the facts by the passenger.In the determination of gross negligence,through summarizing the relevant academic theories,gross negligence is often compared with the concept of intent and negligence,which is a form between intent and negligence.The determination of gross negligence should be considered in combination with subjective and objective aspects.In terms of the range of liability reduction,on the one hand,it is suggested to refer to the specific proportion of primary and secondary liability of traffic accidents in the same province and region to unify the range of liability reduction with good intention,so as to determine the benchmark of liability reduction;on the other hand,in determining the principal benchmark reduction,on the basis of first consideration should be given special circumstances of reduction,such as in order to confirm pay a little fees belongs to the concept of “free ride”,the local market price,confirm the proportion,combined with the actual costs paid to determine whether a kindness with multiplication,completely free of charge and pay the fees of accountability should be distinguish.In order to further reduce the liability,the fault offset and self-acceptance of risk are considered.In view of the above controversial issues,it is necessary to improve the application of the clause of taking advantage of special circumstances with good intentions,so as to really reduce the pressure of compensation of people with good intentions.It is considered that it is necessary to share the pressure of compensation by improving the relevant liability insurance system in legislation,so as to better protect the goodwill of people with good intentions.