The Identification Of The Compensation Liability For The Damage To The Good Intentions

With the change of the times and the progress of science and technology,the popularity of the car is more and more extensive.In daily life,the car has been put into use to cause a lot of traffic accidents,resulting in the increase of the contradiction caused by good intentions,and the related legal issues have become a hot topic in academic circles.The identification of the damage compensation liability of goodwill is one of the most controversial issues in academic circles.The traffic accident liability disputes such as Li Yuan v.Xu Jian and other motor vehicle case as an example,from the legal nature,take the same kind of imputation principle as the starting point,to the court of first instance,the second trial is based from many parts of the Su Li-wei Hitchhiking the liability for damages to analysis and discussion.This paper consists of the introduction and five parts:The introduction part introduces the origin of this study,research ideas,research methods and the innovation of this paper.The first part is the basic case,Su Li-wei with kindness by case verdict,upheld the simple comb,the focus of controversy on Su Li-wei hitchhiking in case of first instance and the second instance verdict are comprehensively summarized,so as to form a logical starting point of this study.The second part is to take the case with kindness issues related to legal analysis,these problems include: first,the legal nature of the same kindness by hitchhiking,the nature of the contractual relationship,management without reason,tort and geffalligkeiten said the dispute,the author based on the theories on the introduction think,can not simply be hitchhiking is defined as a property,but should depend on the specific circumstances,generally considered the friendship behavior,but is applicable to tort in the damage caused by the case of the room;second,the imputation principle of hitchhiking causing damage there is no fault liability fault liability and fair liability principle of the dispute,the author thinks that in the study of hitchhiking imputation principle,should be based on the principle of fault liability as the foundation,take the fair responsibility to supplement;third.Compensation subject and thescope of compensation for the damage caused by the same person.This part is the main body of this paper,it is the third part of the analysis and the fourth part of the Enlightenment of the legal basis for this article.The third part is the result of Su Liwei hitchhiking damages of the responsibility case and the second part of the combination of the scope of compensation for Su Li-wei hitchhiking damages the legal nature of the liability in the case of personal injury by application of the imputation principle,and how to define Su Liwei hitchhiking case by the personal injury of the new interpretation.And the legal nature of the cost case is the tort,in the imputation principle should be based on the fault liability,the fair liability as a supplement.The fourth part is based on the comprehensive discussion of the first three parts,and puts forward some beneficial enlightenment,hoping to solve the similar legal disputes in the future.These lessons include: first,the imputation principle of judgment should be applied on the PGI should adhere to the fault liability as the foundation,the comprehensive application of principle of contributory negligence,and retain the fair liability applicable room;second,improve the liability insurance system,in order to solve the disputes and provide institutional guarantee.The fifth part is the conclusion,which reaffirms the conclusion and significance of this study.