A Study Of Civil Liability For The Damage To Passengers On The Goodwill Pick-up

Free-riding is a very common phenomenon in life.This article will talk about the legal problems that may arise behind the free-riding phenomenon: when wellintentioned ride-hailing causes damage to the rider,the determination and mitigation of civil liability.This issue is not only controversial in the theoretical world,but the practice of judges in judicial practice is also very different.Except for the issue of liability for damage caused by good intentions,the concept of good intentions and the nature of good intentions are currently inconclusive in theory and judicial practice.In judicial judgments,although judges have a certain amount of discretion,they are judged based on the specific circumstances of the case.Different judgments in the same case often occur.The theoretical question that arises from this is: What is the standard of goodwill(for free)? Does the reduction of the tort liability of the perpetrator in the free contract apply here? What is the normative basis for the reduction of civil liability? What are the substantive reasons for judges to exercise discretion?Since that is the case,can we study the identification and mitigation of civil liability for damage caused by good intentions and fellow passengers through empirical analysis of judicial practice? Then it improves the directionality and unity in judicial adjudication while perfecting the theory of good intentions.The author intends to discuss the related theories of good intentions ridesharing from the following aspects,that is,the combination of theory and practice.The author downloaded 200 judgments on good intention ride-sharing from Peking University magic weapon for statistics and analysis to see how the judge defines good intention The concept of ride-sharing,how to determine the nature of wellintentioned ride-sharing and how to blame the case of well-intentioned ride-sharing.Based on the combination of theory and practice,the following three suggestions are proposed: clear judicial standards for good intentions,the principle of fault liability should be applied,reference factors for vehicle liability reduction and responsibility should be developed.The research in this paper is helpful in theory to enrich the study of good intentions,and on the practical level,it can help to refer to the judge’s judgment in the case of good intentions,and provide guidance for judicial practice.The structure of this article is divided into five parts.The first part is an introduction.The first is the question of this article: this article intends to start with the empirical analysis of judicial judgment,to study the problem of the determination and mitigation of civil liability for damage caused by good intentions.Then,I explained the background and value of the research,and summarized the existing research on goodwill ride-sharing in the academic world;then the research design of this paper,which expounded the research ideas and basic content of this paper,and finally pointed out the research methods of this paper And innovations and deficiencies.The second part is the views of judicial judgments inside of the case of good intention ride-sharing cases.It summarizes the legislative attempts and internal rules of our goodwill ride-hailing clauses.The third part is the dilemma of judicial judgment in the case of good intentions,which is the empirical research part of this article.In this part,a judicial overview of the selected cases is carried out first,followed by an empirical analysis of judicial determination and liability determination respectively,and the conclusions are summarized.The fourth part is about the reflection on the judicial practice of the case of loss of good intentions,the first section is about the reflection of the judicial recognition standard of good intentions,and discusses the concept of good intentions and the judicial practice and puts forward my own views.The second section is a reflection on the reduction of civil liability of the beneficiary.The third section is a reflection on the principle of civil liability for damage caused by good intentions.The fifth part is the proposal of constructing the standard of our country’s goodwill and multiplication system,which mainly includes three aspects.The first aspect is to clarify the judicial recognition standard of our country’s goodwill and multiplication system.The behavior of the passenger with the vehicle operator(vehicle owner,user,administrator)agrees to ride without paying or paying a small fee.And divide the good intentions into four types: inviting good intentions and allowable good intentions;human type good intentions and moral good intentions;tailwind type good intentions,special type good intentions and mixed good intentions Same-ride;pure-type good intentions,self-funded good intentions and common-fee types.The second aspect is that the principle of no-fault liability should be applied,the third is the reference factor for the development of vehicle-related responsible person ’s liability relief.