A Study On The Civil Law Of "Carpooling"

With the rapid development of the economy,the improvement of the consumption level of the residents,the increase of the purchasing power of the masses,the rapid growth of the number of private cars,which has also caused the urban traffic overwhelmed new problems,whether traffic order,road safety or environmental protection,Are facing a severe test.In order to improve the efficiency of travel,"carpool" travel this new mode of travel came into being,and even in some places to flourish."Carpool" means a way in which the driver and the occupant are satisfied that the driver will pay the basic cost of arriving at the destination after the driver has sent the person to the destination in accordance with the established route.As the parties to the car is usually a stranger,in order to make the parties more convenient to quickly reach an agreement,the mainstream way of carpooling through the Internet information platform and popular APP software to achieve,so that passengers can accurately get the driver's Basic information,you can easily and quickly arrange their own travel time,travel location;and the driver can also be through the network platform to choose their own desirable people.From the point of view of resource allocation,the carpooling behavior optimizes the structure of the traffic resources,not only reduces the burden of road transportation,but also travels for people without vehicles.In addition,the carpooling behavior is a kind of mutual action and social harmony.The convenience of the car;from the point of view of legal practice,dealing with the behavior of the car is usually a reference to the relevant provisions of the paid operating vehicle.In today's society,the "carpool" this new way of travel demand is growing,the need for specific laws and regulations to regulate the industry,so we should be more in-depth,systematic research "carpool" behavior.In this paper,from the perspective of civil law,this paper takes the research methods of literature materials,the research methods of theoretical research,the methods of historical research,the comparative research methods,and so on.Based on the theory of civil law,legal behavior theory and quasi-legal behavior theory,Theory and de facto theory.This paper puts forward the viewpoints of the civil legal nature of the cartoon behavior in this paper through the research of theoretical research and historical research.Through the comparison and analysis of the research method,this paper analyzes the characteristics of the civil legal nature The similarities and differences between the principle of imputation after the death of foreign goods,so as to discuss the usefulness of the principle of attribution after the death of foreign carpool.Overall,this article is divided into five parts.The second part is an overview of the basic theory of "carpooling",and analyzes its basic concepts,basic characteristics and the basic characteristics of the "carpooling".The second part is the basic theory,The third part is the definition of the civil legal nature of the behavior of the car,with its civil legal nature of the theoretical basis for the car to carry out the civil legal nature of the analysis,and then compared with the academic point of view The fourth part is the analysis of the tort liability of carpooling,starting from the attention duty of the driver of the "carpooling",thinking about the principle of imputation of the major foreign countries,and then analyzing the current situation The main point of view of our academic circles,combined with the scope of compensation and exemption of civil tort in the "carpooling" behavior,finally obtained the view of the principle of imputation.The fifth part is the perfect suggestion of civil legal norms in China.