The Research On Legal Issues Of Car-Hailing

In recent years,the service of Internet car has been developing very quickly.The Internet car is a new type of taxi service based on Internet technologies.Firstly,the taxi software platform collects and integrates the information of rental vehicles and passengers,then the passengers send orders on the platform.After receiving the orders on the platform,rental vehicles will send passengers to their destinations according to the agreed route.Finally,passengers will pay for the service through the car platform.As a new business mode,Internet car can make up for the deficiency of the urban public transport and taxi capacity,which makes our life much more convenient.Because it is a new way to earn extra money,which has low threshold and flexible time mode,a large number of private cars also join the network as car owners.However,whether the Internet car is legal has been a controversial question.So the"management procedures for Internet booking taxi service",which came out on July 28th,2016,gave private cars and owners reasonable access conditions.According to the procedures,the private cars and owners shall be given the "Internet booking taxi transportation card" and the "Internet booking taxi driver's license" after examination by the local management office according to the service conditions.The procedures not only standardize the access conditions for private cars and owners,but also give private cars and owners legal status to join the Internet car service.What's more,the procedures also give legal status to the Internet car.Although the procedures give legal status to the Internet car,there are still many legal problems during the operation process of the Internet car,such as the legal relationship between the main body is not clear and the subject of legal liability is not clear.This paper puts forward these problems through cases,and analyzes the contract relationship between the main parties in three kinds of car modes,in order to analyze the legal responsibility of the main parties in an infringement case.The author hopes this paper will offer supplement to the imperfect legislation of Internet car.This paper is divided into five parts.The first analyzes the nature of hailing-cars and explains the three modes of hailing-cars.The second part makes clear the issues of unclarity of legal relation and responsibility and difficulties in protection of consumers' rights and interests.The third part analyzes the relations between parties attached to the contract.The fourth part analyzes who shall bear the responsibilities when the consumers' interests are harmed.The fifth part posts the writer's thoughts about how to protect the legal rights of the consumers.The focuses are improvement of the laws,determination of responsibilities according to the facts and shift of management,in order to protect the consumers.The last is the summary of the whole thesis.