Abstract: Article 1217 of Civil Code clarifies that the liability for damage in free riding as the liability for motor vehicle traffic accidents. According to this, offering free riding is of the nature of a tort, rather than just good intentions to transport others free of charge. The rule of reducing driver's liability for damage in free riding traffic accidents originated from foreign legislation, but has been abolished with the popularity of motor vehicles, the development of liability insurance and the strengthened protection of the rights and interests of the injured person. The legislative purpose of the Article 1217 is to encourage people to help each other, but it ignores the change of legal environment outside China. The basic requirements of corrective justice have not been met in terms of protecting of the injured person, and the core socialist values are not upheld entirely. The legitimacy of Article 1217 should be strengthened by limiting its application in the field of compensation for mental damage, and a corresponding insurance and social security system should be established.

Key words: free riding, liability mitigation, legitimacy, liability for motor vehicle traffic accident, core socialist values