The Research On Legal Issues Of Carpooling

With the development of economy and the city, traffic congestion has become a typical city disease. Both traffic and road safety and environmental protection are facing a serious test. In order to improve the efficiency, all kinds of car pool model quietly appeared, in some places even become more common. Morally, free carpooling behavior is a kind of mutual help behavior, which is conducive to social harmony, so it should be advocated and encouraged; Legally speaking, our country is currently have relevant prohibitive provisions on city taxi, as for other types of carpooling behavior would not have the laws and regulations to follow, which lead to the relevant departments in the taxi trade order to take steps more arbitrary and one-sided. For now, no operating qualification of paid "carpooling" car behavior is illegal because our country’s road transport franchise, illegal taxis are the typical example which are the targets the law enforcement agencies to crack down; And the "carpooling" behavior of qualify for the operation taxis is legitimate or not depends on the subjective consciousness,paid or unpaid to judge. But the author thinks that, based on people’s enthusiasm for "carpooling", and this behavior can really improve the efficiency of the work life of people, "carpooling" should be legalized. The focus work of relevant departments should not only limited on against them, but also of more thought of make "carpooling" into the legal track, through the guidance of the rules and regulations to make "carpooling" legal. To sum up, when it comes to economic interests, how to define the "carpooling" behavior of legal subject, the legal object and the legal relations, and how to specification the rights and obligations of legal act, and how to ensure damage compensation after he traffic accident, and how to create a legal and orderly "carpooling" environment, these are problems we need to be addressed.The author combined the law research, theoretical study and comparative study method in this paper, based on the civil legal facts and legal act and legal relation theory analyzed at the same time. Through the law research, it can clearly exposed the "carpooling" loophole in the law of china; Through the theoretical research, dialysis the legal relationship between the "carpooling" parties; Through the contrast research, meet the gap of "carpooling" practice between our country and abroad.As a whole, except for introduction and conclusion, this article consists of four parts. The first chapter mainly combs the basic concepts of "carpooling" behavior, including the definition of "carpooling", the origin of "carpooling" and classifies the behavior. Due to the limited space, the main discussion in this paper is carpooling behavior between people which is paid or not, transportation carrier units including taxis and private cars, vehicles, inter-city bus\town and rental vehicles five categories. The second chapter in the collating of domestic designing laws and regulations related to the "carpooling", which leads to the legal quagmire of carpooling behavior. At the same time, analysis "carpooling" legal relationship between the parties under the existing legal system, and clear the legal nature of carpooling behavior under different conditions. The author thinks that, it is the foundation of formulate laws and regulations more reasonable and accurate for the legislative branch, as well as to solve the accident after the tort liability disputes between the parties. The third chapter for damages and lawsuit is the focus of the paper. Legislation is in order to standardize behavior, and solve the problem. Once the dispute happened between the "carpools" parties, different disputes determined what kind of responsibility the violators should take between tort liability and liability for breach of contract. In this section, the author gathered by different case, and discusses the different "carpooling" mode of those responsible. In the author’s opinion, when the traffic accident happened, the imputation principles of "carpooling" behavior suitable for diversification principle because of the complexity relationship between the parties. In the aspect of application, due to problems involving victim compensation, determine the defendant and the third person is also the key of the accident, and whether the driver has "carpooling" behavior during operation will have a direct impact on the determination of the defendant. And "carpooling" vehicle is insured, will decide whether the insurance companies as a third person to join the litigation. Finally, the author in the fourth chapter puts forward the "carpooling" behavior legalization and standardization of related suggestions, hoping to do some contribution to the legalization and standardization of "carpooling" behavior.As for the innovation of this article, there are two aspects of this. First of all, the author combined with different "carpooling" type to made a thorough analysis of the legal relationship between the parties, reference indexes including vehicle transportation qualification, transportation services are paid or not, whether the "carpooling" action with the permission of the first take, etc., this is not only beneficial to realize the "carpooling" behavior, but also good for the processing of the accident and the claim for the victim. Secondly, in terms of "carpooling" accident damage compensation, the author take the traffic accident cases happened in real life as the breakthrough point analyzes a variety of "carpooling" type of traffic accident responsibility and compensation.