Research On The Issues Of The Software Taxi Contract

The software taxi contract has broad sense and narrow sense, it includes online booking special car contract, online booking private car contract in the broad sense.Comparing with the narrow sense of the contract body contract nature, these types of software taxi contracts are lack of legitimacy support. This paper focuses on the software taxi contract in narrow sense that is still the taxi transport contract and is legal. But a series of disputes happen in the concrete operation. The research emphasis of this paper is the dispute resolution of private law theory. The particularity of the software taxi contract is the breakthrough point.The research methods this thesis used can be summarized as three kinds. The first one is the comparative method. Through the comparison between the software taxi contract,highlight the particularities of the two contracts. The second one is the case study method.By means of the analyses of the realistic cases, focus on linking theory with practice. The third one is the literature review method. By reading the related writings for reference,make clear the divergences and generate dialectical arguments which may enrich the theory of dispute handing in private law.The innovation of the paper reflects the particularity of the software taxi contract. For example, once the taxi driver grabs the order successfully, the contract has established. The nature of the reservation is real contract. The "empty" state is the accessory contract obligation. All those reflect personal unique views. Insurance of the breach is operational.This paper is divided six chapters and the main chapters are the two to five. In the second chapter, comparing with the online booking car contract, the beckoning taxi contract to clarify the software taxi contract’s legal relationship and the legitimacy that is still the taxi transport contract.In the third chapter, the special problems of contracting in the software taxi contract. "Choosing", "refusing", "tipping" disputes appear. By the less specific offer, passenger is the offeror, taxi driver is the offeree. Once the taxi driver grabs the order successfully, the contract has established. The passenger’s offer can be withdrawed; the nature of the reservation is real contract. According to the experience of daily life, the value of the contract is little, the parties need not set a complex program to increase transaction costs and time, place, passenger destinations is clear. It can be understood as deadline contract or time of performance. Under the theory of forced contracting, "choosing", "refusing", "tipping" of taxi driver should be regulated.In the fourth chapter, the special problems of performance process in the software taxi contract. The disputes of passenger or driver fails to perform the taxi transport contractappear, the same to the driver’s "empty" and Passenger’s payment way. The contract start to be performed after the "empty" state and the "empty" state is the accessory contract obligation. Passenger’s "waiting" is the accessory contract obligation. Whether the "empty" need to compensate or not depends the specific situation; Passenger’s way of payment has variability. As long as the way of the performance helps to realize the purpose of the contract, it can be changed. So when the passenger fails to payment by the online, he can pay cash or credit card directly.In the fifth chapter, the special problems of responsibility process in the software taxi contract. The disputes of passenger fails to pay on the net and the driver fails to perform the contract in the reservation appear. When the Passenger fails to pay on the net, according to the contract of the third person to perform, the driver can ask the passenger to pay directly.Under the reservation, if the taxi driver breaches, he should be responsible for the passenger’s acquirable interests whose scope is foreseeable consequence of the breach. The last part of this paper pays attention to the concrete liability for breaching, in order to reaching the reality of responsibility and achieving the unification of the private law theory and practice.