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The Research On Tort Liability About Sharing Bicycle

Posted on:2019-09-09Degree:MasterType:Thesis
Country:ChinaCandidate:J H LiuFull Text:PDF
GTID:2416330542497430Subject:Law
Abstract/Summary:PDF Full Text Request
As one of the new "four inventions" of China,the sharing bicycle effectively meets the short journey of the citizens,alleviates the traffic congestion,and solves the problem of "the last kilometer" of the citizens' trip perfectly.The quantity of sharing bicycles is increasing rapidly.However,with the rise of sharing bicycle industry,the occurrence of torts in the process of sharing bikes is common.In addition to the laws and regulations that guarantee the safe driving of the sharing bicycles are not sound enough,the problem of how to bear tort liability about sharing bicycle accidents is also urgently needed to be solved.Because the use of sharing bicycles involves many parties,including sharing bicycle companies and lessees,it may also include a series of legal relations,such as the transfer and the theft,so that there may be a separation between the perpetrator and the responsible in the sharing bicycle accidents.The liability of tort is undertaken by the perpetrator or by the responsible person.There is no consensus on the theories of law and judicial practices,which brings some difficulties to the identification of the subject of tort liability.At the same time,the cause of the infringement of the shared bicycles may be a concurrence of several reasons,or the responsibility belongs to both the perpetrator and the victim.In real life,how to identify the type of torts,how to allocate the internal responsibility when there are more than one infringers,how to determine the responsibility of the liability between both parties,and how to determine the final form of tort liability are all open to discussion.In order to solve these problems,on the basis of the existing regulations,judicial practices and theoretical researches of China's law,this paper analyzes the types of sharing bicycle torts,confirms the main body of responsibility and the form of responsibility,and ultimately maintains the legitimate rights and interests of the infringed.The full text is divided into four parts,which mainly include the following aspects:The first part puts forward the issue of sharing bicycles tort liability.By analyzing typical cases of sharing bicycle infringement,it puts forward the legal problems of tort liability.The second part is an overview of sharing bicycle liability.This part defines the concept of sharing bicycle tort liability,and concludes that this article mainly studies the subject and responsibility form of tort liability.This part introduces the characteristics of sharing bicycles tort liability,and analyzes the particularity of sharing bicycles tort liability.The third part is the identification of the main body of sharing bicycle liability.This part analyzes the theoretical basis of the identification of the main body of tort liability of sharing bicycles,and determines the specific subject of liability in light of the existing legal provisions in China.The fourth part is the identification of the liability form of sharing bicycles.Through the analysis of the corresponding standards of torts and liability forms under the theories of tort liability form,this part makes a typed analysis of the torts shared by the sharing bicycles and determines the corresponding liability form of the shared bicycle torts.
Keywords/Search Tags:sharing bicycle, tort, the subject of responsibility, responsibility form
PDF Full Text Request
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