On The Legislative Problem Of Carpooling In Our Country

Along with the popularization of private car in our country, the carpool phenomenon is getting more and more common, which has brought great convenience to people's lives. It not only alleviates the urban traffic pressure, reduces vehicle emissions and improves resource utilization, but also saves travel costs. However, the theory research of the current phenomenon is not deep enough and the laws and regulations stipulation is quite abstract, so until now did not have a law to carry the carpool phenomenon on the standard and this phenomenon has caused some legal matters. Now, the regional traffic control departments of our country have a different opinion to deal with this phenomenon, and the courts in tries have also different opinions in this kind of case. Therefore, it is necessary to have a thorough research on this elephant.This paper starts from the civil law perspective, using the combination of comparative analysis method, the conceptual analysis method, the empirical analysis method and so on, to discuss the legal issues about the carpool phenomenon ,and discussing current existence questions, the validity and handing disputes of the carpool and so on..The full paper is divided to five parts. The first part carries on the outline to the carpool, and is clear about the carpool's concept, the characteristic, and the type. The second part describes present situation of the carpool in several city of our country. With overseas contrast, it points out questions of our country. The third part carries on the discussion about the legal nature of the carpool. In this part, the author will introduce two kinds of situations, one is a free carpool, and the other is paid carpool. The former is the friendship behavior, but the non-beneficial carpool is the legitimate contract behavior and the people also will pay for it. The fourth part discusses the occurrence of carpool and handling disputes. The last part is about the development prospect of carpool in our country, and proposes the comprehensive advice.