Researches On The Compensation Of Personal Injury In Hitchhiking

For the past few years, with the motor vehicles widely used, it is more and more popular of the hitchhiking. So the traffic accident disputes caused by the hitchhiking are more and more fierce, and the requirement of legislation becomes more and more important. The hitchhiking is the action that the free passenger takes the motor vehicle of the oblige freely after getting the invitation or agreement from the oblige. The hitchhiking itself belongs to the kindness of the oblige, and it not adjusted by law instead of moral, custom and so on. The one should take on the tort liability for his negligence in case of personal injury caused by the hitchhiking. In consideration of the specialization of hitchhiking, the court should hold a degree for the right security based on the standard of society, maintains the victim’s individual rights at the same time, and avoids the negative influence for social benefit caused by the rights over security. Because our country does not make the relative rules about the accountability of the personal injury in hitchhiking so far, it is necessary to build a systematic and thorough disposal method and mechanism in order to balance the benefits between the parties of the hitchhiking and improve the acceptability of the judicial decision.The first part in the article raises a question about personal injury in hitchhiking by enumerating case. However, our country does not make relative laws to solve the realistic problems. After that, the article emphasizes the real necessity about making the compensation system of personal injury in hitchhiking by considering the relation between moral and law and building a harmonious society.The second part in this article mainly studies and differentiates the definition, the characteristic, the properties of hitchhiking based on the background that there are some disagreement in hitchhiking in theory and put forward personal views. All these work lays the foundation of discussing hitchhiking with detail in following text.The third part in this article primarily defines constitute of tort liability based on the subjective fault of the hitchhiker, the fact and the causal relationship of the personal injury.The fourth part in this article introduces the legislative overview in taking the liability for tort of personal injury by hitchhiking in foreign and points out the defects of legislation in personal injury by hitchhiking in our country and the problems in judicial offside and judicial independent all. At the same time this part inspects and compares the relative hitchhiking rules between our county and foreign. Considering our country composite factor, this part puts forward the laws and regulations conforming to our national conditions.The fifth part in this article gives the structure of the hitchhiking personal injury. This article stands for prosecuting the vehicle owner’s tort liability based on fault liability, and dividing compensation standard according to the degrees of the fault. Secondly, this part divides different civil liability compensation mechanism based on different hitchhiking types. At last, the standpoint of the author about the range of the hitchhiking liability in civil lawsuit and the determination of the personal injury is given.The sixth part in this article proposes the structure of other relative hitchhiking rules and introduces the system of dispense payment about the personal injury in hitchhiking. The author claims using the legal liability system of ease, comparative negligence and the system of the assumption of risk to alleviate the vehicle owner’s tort liability. Besides, Perfecting the third party liability compulsory insurance system, dispersion social risk and the establishment of a social relief fund is also the efficient way to solve the problems of hitchhiking.