Research On Tort Liability For Traffic Accident Of Net Contract Car

During the investigation of the tort referee of net contract car accidents,the author found that the opinions and judgments adopted by courts in the trial practice differ from place to place.The reason is that there are different civil legal relations between the car driver and the platform company.In the introduction,three typical cases under similar circumstances but with different judgments are listed to demonstrate the necessity of this study.The first chapter of this paper clearly defined " net contract car ",and then briefly introduced the basic operation mode of the network about the car,and classified and summarised the operating mode of existing net contract car platforms with a large market share,and then analysed the legal relations between the main bodies of platforms,drivers and passengers in different operating modes.The second chapter focused on the components of the tort of net contract car cases,in terms of four aspects which are the fault,the causality,the damages and the illegality.To distinguish the different views of schools of thoughts,the author cautiously selected the subjective fault theory.The theory of considerable causality is used to analyse whether there is a causal relationship between the accident and the parties.The third chapter is the main part of this paper,which provided the analysis of the commonness and differences between several operating modes,the legal relations between net contract car firms.First of all,the principle of attribution of liability for infringement of Internet related vehicles is discussed,which is divided into two kinds under general circumstances and special cases.Specific to specific circumstances,the need for specific analysis.the driver and the passenger is summarized,and the responsibility identification of the network vehicle platform,the network car driver and the passenger in the network traffic accident is analyzed.In the network express mode,the network about vehicle platform enjoys operational benefits,and it shall bear the responsibility of the operator by controlling the drivers to exercise control over the vehicles.At the same time,because its requirements are in full compliance with the new regulations,there is also a carrier's responsibility to discuss.In the net taxi model,the company only provides information technology support for passengers and taxi drivers,provides information matching services for drivers and passengers,does not make profits after actual transactions,does not engage in operation and management of operational services,and does not interfere with the passenger and demand of both sides.The same.Therefore,the network platform is not liable for compensation.Under the model of private car,compared with the forty-fourth article of the consumer protection law,the private car owner takes on the liability of the non fault carrier because of the traffic accident caused by the fault of the private car owner,and the personal car owner takes on the liability of the non fault carrier,and the network platform company takes on the fault supplementary liability.In the net about ride mode,car owners take responsibility,network platform about car companies play the role of intermediary.If the network platform does not have the corresponding examination obligation in the process of residence,it is necessary to bear the liability for damages in the scope of its fault.The special vehicle is building in order to avoid the compulsory regulations of the law,and the platform of the special vehicle is responsible for the information that it has issued,and provides service for the service management of the Internet special vehicle and the safety standards of the passengers published by responsibility of the employer.The fourth chapter discussed the compensation problems related to the tort of net contract car accidents.When there is a competition between the tort liability and the contract responsibility,the passengers can freely choose one of them.When a pet is damaged during the carrying with the owner,the compensation can be claimed by the owner.The scope of the claim should be based on the provisions of the tort liability law,including the loss caused by medical treatment,but there is no compensation for mental damage.In the end,the fault offset should be taken into consideration in the judgment of e-hailing accidents.If the e-hailing vehicle is not approved by local government,the fault offset is considered as unacceptable when an accident happened.