The Legal Research Of Online Car-hailing Industry System In Our Country

Model in recent years, the Internet has profoundly changed our lives, all sorts of Internet + product has infiltrated into every corner of our life, the taxi industry is no exception, at present, the taxi industry has entered a bottleneck period, the city's taxi difficult problem cannot solve all the time, are unable to solve the social reasons for this, as a result, about car arises at the historic moment, to compensate for the loss of the taxi industry. When needed to complete the various life people use mobile phones, have joined the network about car, with its advantage of the Internet, online orders, offline operation services, passenger booking system, inhalation of private cars are about car owners, the innovation network proposed car rental industry, point to face, face to the traditional taxi industry incomparable characteristics such as ductility, quickly accepted by people.On July 28, 2016, the Internet booking taxi service management interim measures ", to determine the legal status of network around the car, the resulting legal problems also gradually into the line of sight of people. The author thinks that, the net is a kind of passenger transport contract about car, passenger transport contract is formed when then? The author thinks that, the passenger in mobile phone up and down, the driver said the meaning of the orders all belong to the contracting, only the content of the both parties to the contract, payment of consideration of specific cases, the two sides to their actual behavior to conclude the contract, the contract can be set up, the driver received a passenger, the contract is formed. After the contract is formed, the net about cars in the process of transport passengers, either fails to perform the faults are to perform, delay in performance, refused to perform, any of them a default, the breaching party will be liable for breach of contract. Infringement problems, liability shall be borne by the who, the network platform, the responsibility of the passengers, the driver should be how to share, the author in this paper, the problem appeared respectively from motor vehicle traffic accident liability, the physical power two aspects discusses the responsibility of the bear, right of physical abuse, and from criminal violation and civil infringement, passengers suffered physical abuse and the driver suffer person two aspects analyzes the tort liability of the bear.