Researches On The Civil Liability Of The Damage And Compensation For Lifts With Good Intentions

Lifts with good intentions is a kind of good deed in Chinese traditional virtueswhich refers to the behavior that the kind people invite or allow the passengers totake free rides. But in recent years, the cases of damages from good-will hitchhikingoccur frequently, and the problem of damages compensation in the civil liability hasbecome the hotspots and difficulties. This paper starts from the cases then toanalyzes the problem of good-will hitchhiking damages compensation in civilliability. In essence, good-will hitchhiking is a kind of friendship behavior, and shallbe bound by the moral constraints and norms, but once the behavior of damagehappens, it will be into the legal level, then will be intervened and adjusted by law.Through the study of legal characters, imputation principle and judicial applicationof the damage behavior of good-will hitchhiking, the author puts forward sometentative suggestions to balance the legal interests between the kind and passengers.The demarcation of the legal nature of good-will hitchhiking damage behavioris the premise and foundation in the discussion of this paper. Recently, thanks to thedifferent scholars hold various points of view in the concept, characters andproperties of good-will hitchhiking, then the author concludes that it has thecharacters of kindness and free of charge through the analysis of all the scholars’views, and then clarifies the legal nature of this kind behavior. The kind reach ancontent agreement with passengers through providing free vehicles, in fact, this is akind of unilateral patronage behavior. If the kind cannot try their best to take theresponsibilities of protecting the securities of passengers and make them injuredduring the process of ride, then the kind should take the responsibility of civilcompensation.The analysis of good-will damage behavior is just to handle the cases of it injudicial practice and to properly resole the disputes of interests between the kind andpassengers. In our country, how to carry out the civil compensation with the presentsituation of the absence of uniform legislation? The author starts from the constitutive of good-will hitchhiking damage behavior, then elaborates and expoundsits classifications, especially those kinds of easy to fuzzy cases, which are aiming tohave a good command of good-will hitchhiking in judicial practice. Through thecomparison between the domestic and foreign legislation or the discrimination andanalysis of scholars’ views, the author puts forward that fault principle is morerational in the present situation of good-will damage behavior, and based on this, theprinciple of fault offsetting and equity will be the auxiliary application. Thenindicating that the own risk should be ruled out in the exemption and limited thedisclaimers.It is the significance and purpose for the author to write this paper that buildingthe system of civil liability of good-will damage compensation. The author expoundsit from the moral level, economic level and social level so that concludes thenecessity of setting up this system, it is not only the dual requirements of moral andlegal development, the inevitable requests of economic social development in benignway, but also the force of development of the harmonious society. Finally, the authorputs forward the suggestions from the angles of legislation, vehicle insurance and thesocial relief found.Through the analysis of legal properties, doctrine of liability fixation andexemption, the paper concludes that good-will hitchhiking is a kind of unilateralpatronage behavior, which takes the responsibility of compensation due to the injuryof passengers. At present, fault principle as the doctrine of liability fixation, is notonly suitable for the present situation of law, and according with the instinctcharacters of good-will hitchhiking, but also a kind of inspire of Chinese traditionalvirtues. The author hopes that his point of view and suggestions can make valuablecontributions to the judicial practice.