| In the C ivil Code,it is the first time to include hitchhiking.Hitchhiking is the behavior that the motor vehicle driver agrees the passenger to take his motor vehicle free of charge.The vehicle is a non-operating vehicle,and the destination of the passenger and the driver are only coincidence or on the way.It was originally a good thing to help others,but if there was a traffic accident on the way,it would become a legal problem.Although the Civil Code stipulates that the system of hitchhiking can reduce the proportion of driver’s liability,there are still some troubles in practice,one is how to confirm the hitchhiking,and the other is how to confirm the proportion of driver’s liability relief after it is identified as hitchhiking.These two problems are closely related,and the former constitutes the basis of the latter.In this paper,904 traffic accident damage compensation cases related to hitchhiking in China from 2017 to 2021 are extracted as data samples to establish probit model.According to the regression results,it is concluded that hitchhiking should be free and altruistic.According to the above two characteristics,the case can be reidentified.After the identification of hitchhiking,the system of reducing the proportion of liability for hitchhiking driver can be applied.Through empirical analysis,it is found that the fault index of the driver,the fault degree of the passenger,the basic relationship and whether the passenger dies all have an impact on the final compensation proportion of the driver.Based on the above conclusions,this paper puts forward the legal suggestions that we should use free and altruistic to clarify the scope of application of the system of reducing the liability proportion of good intentioned passengers,classify the liability proportion according to whether the good intentioned passengers violate traffic rules,and then determine the liability proportion of drivers according to the fault index of the driver,the fault degree of the passenger and the basic relationship. |
