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Analyse And Comment On Compensation For Online Car-hailing Traffic Accident Cases,Taking QIN Suing LIAO And Other Acts For Example

Posted on:2019-03-27Degree:MasterType:Thesis
Country:ChinaCandidate:G J TangFull Text:PDF
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Under the thought of "Internet plus",online car-hailing came into being.Apps about online car-hailing are become more and more popular in people's daily life.Therefore,cases of traffic accident compensation disputes during online car-hailing service have are too frequent to attract people's attention,and it becomes the focus of all society.Online car-hailing is a newly rising industry,so there are few effective laws and regulations.Therefore,how to solve the disputes of online car-hailing traffic accidents by using the existing laws and regulations and clarify the responsibilities of the parties and determine the main body of compensation becomes an urgent problem to be solved.This article writes basing on the first online car-hailing traffic accident compensation in China,focusing on three controversial points:whether the online car-hailing platform or driver is responsible for this accident,whether the passenger is responsible for making compensation,and whether the commercial third party insurance is liable for compensation.This article takes the legal relationship as a breakthrough,aiming to clarify the relationship between the parties,analyzing the basis claim right of the plaintiff.At last analyze the defendant's liability for compensation.Although the decision which made by Beijing Haidian District Court found that the online car-hailing platform and drivers were labor relations,but they were more suitable for establishing new cooperative agreements,so that they could not only effectively protect the rights and interests of passengers,drivers and victims,but also benefit the development of emerging economies.The judgment for the driver's outstanding liability is not obvious.The driver is the vehicle owner and the actual driver,who should bear full responsibility for in accident which identified by the Traffic Police Department.And the online car-hailing service platform that enjoys the right of recourse is also difficult to realize the chauffeur recovery.After analyzing the case,the writer puts forward some new ideas.Through analyzing the legal relationship among online car-hailing platform,driver and passengers under the model of "private car" "ride""car",then the writer analyzes the traffic accident liability of online car-sailing platform,driver and passages in the accident under different models.Finally,it puts forward the views on the compensation mechanism of the shared vehicle traffic accident and the mechanism of the platform compensation.
Keywords/Search Tags:online car-hailing, legal relationship, damage compensation, subject of responsibility
PDF Full Text Request
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