The Study On The Establishment Of Taxi Transportation Contract

With the development of The Transport Sector, Taxi has become a major traffictool in citizen’s trip. In China, the legal institutions about the taxi transportationcontract constitute significant forms in the law of contract, so the systematic combsand research about the relevant legal issues will make great sense. This thesis, bymeans of referencing the way of founding contract in domestic and overseas,ascertains the major three legal contracting ways in china as follows: The offer andpromise, intention realization and cross offer. The establishment of the taxitransportation contract should be restrained by offer promise rules and the comparisonof the effect between mandatory offer and mandatory commitment will be beneficialto the development of taxi industry and social stability. Based on the real situation ofChina and broke the traditional way “one size fits all”, the time of the formation ofthe contract should be established by means of particular and unparticular offereetheory. In the application, the proper time should differ in different places, forexample, in prosperous lot the promise should be established when passengers get inthe taxi, while in sparsely populated lot it should be established when passengerswave. The empty driving of taxi belongs to offer and Passengers boarding belongs tocommitment. From the point of the establishment of the taxi transportation contract,for the problems about the legal character of the ticket and the legitimacy andappropriateness of the denied boarding and congestion charge, the research holds thatthe denied boarding not only breaches the contract but infringes the rights ofpassengers; ticket plays a dominant role in the establishment, taking effect,fulfillment and termination of the taxi transportation contract; passengers unilaterallypay for the congestion charge belongs to standard clauses, but it is invalid.