论文部分内容阅读
好意同乘,是机动车辆运行者出于好意,顺路搭乘他人到确定目的地的现象。在好意同乘的情况下发生交通事故,民事责任如何确定就成了不容回避的问题。然而,我国现行立法并未将好意同乘交通事故的民事责任纳入规制的范围,理论界和实务界对该问题的处理及其依据亦未能达成共识。本文拟将好意同乘界定为一种合同行为,在发生交通事故后,好意的车辆运行者应对同乘者承担违约责任,但出于鼓励助人为乐社会风尚的需要,只有在好意的车辆运行者有重大过错时,才对同乘者因交通事故遭受的损失承担赔偿责任,若好意的车辆运行者没有过错,或者只是有轻微过错,则对同乘者的损失不负赔偿责任。
Homosexuality, motor vehicle operators out of goodwill, take the ride by others to determine the phenomenon of destination. In the case of good intentions with the occurrence of traffic accidents, how to determine the civil liability has become an unavoidable problem. However, the current legislation in our country does not include the civil liability of goodwill and the road accident in the scope of regulation. The theoretical and practical circles have failed to reach a consensus on the handling of the issue and its basis. This article intends to goodwill with the community as a kind of contractual behavior, in the event of a traffic accident, the intentional vehicle operators should take the responsibility of breach of contract with the passengers, but for encouraging the social needs of the community, only good in the running of the vehicle If there is a serious fault, the passenger shall be liable for the damages suffered by the passenger because of an accident. If the good vehicle operator is not at fault or only has minor fault, he shall not be liable for the loss of the passenger.