Research On The Main Problems Of Net Car Contract

The online tour car not only integrates idle social resources,but also creates employment,solves the problem of temporary dispersal of employment and employment,and brings about economic development.Due to the imperfections of existing laws and regulations,the related industries in China are not yet mature,which has caused many legal problems in the process of running the network,and will also be subject to legal loopholes in the use of electronic contracts.This article discusses the special problems existing in the contract about the online contract and traces the root causes of disputes between the two sides of the contract as a basis for resolving related disputes and improving relevant laws and regulations.It has great practical significance.The article is divided into seven chapters,of which the focus is on chapters 2 to 6.The second chapter,through the definition and characteristics of the contract about the network,concludes that the nature of the contract is a passenger transport contract.Both sides of the contract should be a platform for passengers and network vehicles,and sort out the actual disputes.The third chapter deals with the special issues involved in the appointment of cars in the contract of online dating.As an everyday mode of travel,online tour vehicles meet the four conditions for passengers to consider incapacitated persons or persons with limited capacity as full performers when entering into contracts.Therefore,in order to stabilize transactions and promote development,no special qualification restrictions can be imposed on passengers.The legal nature of the passenger's taxi is an offer,which can be withdrawn theoretically,but it is difficult to exercise the right because of the rapid network information transmission;after the arrival of the driver's client,the passenger can be blank before the driver orders.If the offer is revoked during the period,the contract can also be rescinded within 3 minutes after the driver receives the order.At this time,there is no need to bear the liability for breach of contract,and if the passenger exceeds 3 minutes,the passenger must rescind the contract and bear the liability for breach of contract.The fourth chapter deals with the major issues involved in the receipt of orders in the online tour car contract.The legal nature of the act of accepting orders is a promise.Drivers contact the passengers by telephone for the accompanying obligations of the contract;drivers and platforms have different legal relationships due to different business models;the network is about labor relations under the special driving mode and network driving mode.The express service(private car)and the network are about the civil employment relationship under the mode of circumvention,and the network express service(lease car)mode is a labor relationship.The driver can be the main body of the order based on the above legal relationship,and is the supporting person of the passenger transport contract.China's qualification of the driver's household registration can easily result in inconsistent driver information.If a dispute arises,the platform should assume responsibility.The force majeure of the network transaction includes the interruption of network transmission caused by non-imputability and the administrative order related to the business scope.The driver can exercise The statutory right to rescind may also be exercised when the passengers perform their duties.The fifth chapter deals with the main issues involved in the billing in the contract of the online tour.When a driver exploits a software vulnerability alone,his behavior is an invalid behavior that covers illegal purposes in a legal form;when a single brush is jointly executed with a professional brush,the behavior between the two is a malicious collusion that is formed through complicity and damages a third person.Behavior;When the platform is swiped,it not only presents fraud to passengers,but also constitutes unfair competition for other platforms.For the commitment of brush-slip responsibility,the platform company should bear the burden first.At this time,passengers can claim three times of compensation according to the “Consumer Protection Law” fraud,and then be responsible for internal responsibility by the platform.In the rectification brush list,foreign experience can be used for reference and the e-commerce tax system can be contained to contain it.The sixth chapter deals with the major issues involved in fares in the online booking contract.The free-wheeling behavior belongs to the duty-paying obligation of the passenger transport contract,and the resulting free driving fee shall be borne by the driver;the budgetary fare only belongs to the invitation invitation part.Although it is not binding,the platform shall promptly indicate the budgetary standard for the budget fare.After considering the factors,the final fare can be increased within a reasonable range.The fare should be calculated from the time when the driver arrives at the pick-up location and begins the passenger transport according to the contract;forced payment is not necessary because it infringes the right to know and exists.The huge economic risks can be considered for cancellation and a combination of deposits to curb passengers' delay in paying fares and “escape”.