Research On Contract Responsibility Of Car Contract In Network

With the rapid development of Internet China big data technology,"shared economy concept Internet plus traffic mode gradually rise,for a time,the use of APP mobile phone about cars have become the first choice for people to travel.In the first half of 2016,CNNIC released the thirty-eighth China Internet development statistics report,which showed that the number of taxi users in the network was 159 million.In July 27,2016,the Ministry of communications with the Ministry of public security and other 7 departments issued the"Interim Measures" of the network booking taxi business service management,the first official admitted network about the car model is legitimate,affirmed the legitimacy of the software platform.There is a new network about cars,does provide convenience for people's travel,meet the market diversification and differences of demand,to reduce traffic congestion,but fresh things legal issues have to be worth us to think.This paper on the network about the car contract made a summary,conclusion,illustrate the particularity and the validity of the contract network about cars,followed by a discussion of network about cars of liability for breach of contract,involving the imputation principle,exemption,scope of compensation and damages for breach of contract form,and finally puts forward the specific problems about car network liability for breach of contract and suggestions,in order to make the legal and social development consistent.Specific from the following four parts to be discussed:The first part is the overview of the contract network about cars,passenger car about network analysis points out that the nature of the contract,pointing out the difference with the traditional taxi passenger transport contract,reflected in exchange offer and acceptance,third party intervention and other aspects of the platform,specify the rights and obligations of the carrier,the passengers,the intermediary,to pave the way for the following discussion.The second part introduces the network about cars and the liability for breach of contract,conduct the research from the imputation principle,exemption,breach of contract form and scope of damages,described in the new passenger transport contract,the rationality of the principle of liability for negligence,breach of the four forms:impossibility,refused to perform,payment delay,positive infringement of creditor's rights in addition,the statutory exemptions,in order to develop the network about cars,suggested that the two sides agreed exemption for certain reasons,pointed out that the scope of compensation for damages including direct loss and lost two interests.The third part points out some specific problems in the liability for breach of contract in the network,mainly including the unequal liability of the subject of breach of contract,the single mode of responsibility and the imperfect complaint mechanism.The fourth part puts forward the suggestion of perfecting the responsibility of the network about the car breach.In the light of the concrete analysis of the third part,it puts forward the optimized responsibility design,increases the responsibility way of the breach of contract,and strengthens the suggestion of the technical innovation.