Research On The Protection Of Consumer Rights Of Ride-hailing Services

Along with the acceleration of urbanization process,the urban population keeps increasing,People's daily life and work of travel demand also become bigger,the traditional way of traveling has been unable to meet the demand.The development of internet + and big data,combining traditional cruising taxi with the Internet,and creating a new form of traveling-The Online Car-hailing.At the beginning of the online taxi booking industry,due to the economic subsidies strategy of the ride-hailing platform,and the advantages of convenience,economy and so on,the ride-hailing has been developed rapidly,which has gained a huge amount of drivers and consumers in a short period of time.However,the brutal growth of the ride-hailing industry has brought many problems,such as "black car" become a legal one through the channel,the ride-hailing car and the taxi compete for the market,the driver crime rate of the ride-hailing car is higher.And in order to make the ride-hailing car from the savage growth to the normative development transformation,in 2016,the "interim measures",which recognized the legality of the ride-hailing car,and made the basic provisions for the access to the ride-hailing car.However,the phenomenon of infringing the rights and interests of the ride-hailing service has not been effectively solved.This paper analyzed the operation mode of the network about car and development status and collected nets about car service violation of consumer rights and interests of the various phenomena,analyzed the reasons of various phenomenon of violation of consumer rights and interests of the particularity of,from the legislative regulation and supervision model,complaints way,compensation mechanism and so on,puts forward some suggestions to protect consumers' rights and interests in the ride-hailing service industry.In addition to the introduction and conclusion,the main body contents include:The first part is divided into the basic situation of the ride-hailing service industry.First of all,defined the concept of network around the car.That is,which is based on Internet technology,the network about car service platform integrating urban travel market supply and demand information,through mobile phone software,provides some taxi booking service.Roughly made clear of the difference between the ride-hailing car and the traditional cruise taxi.Then expounds its characteristics compared with traditional taxi,including the operation properties of fuzzy,trading transparency,the complex legal relationship between the main body.Secondly,analyzed the current ride-hailing service industry development presentsituation,after the "Interim Measures" issued,the ride-hailing service into the legal operation era,but also produced some questions such as "taxi difficult" and "black car back".Finally,the B2 C operation mode and P2 C pipeline mode of the ride-hailing service are analyzed,and the legal relationship among the various subjects in the service industry of the ride-hailing service is analyzed.The second part analyzes the current situation of consumer rights protection in the ride-hailing service from the perspective of legislation and practice.Firstly,this paper analyzed the contents of the protection of consumer rights of the ride-hailing service in the legislative level,including the "Interim Measures",the "Contract Law " and the " Consumer Protection Law".Secondly,analyzed the various phenomena of violation of consumer rights and interests in the practical level about the ride-hailing service,including personal information and privacy,consumer personal property safety,consumer fair trading right,dispute resolution and damages,and expounds in details the following specific phenomenon for each category,supported by actual cases and related data.The third part mainly combines the phenomenon of consumer rights infringement in the second part,and analyzes the causes behind the infringement phenomenon.With traditional cruise taxi as reference object,the targeted lack of legal norms,a multi-level regulation does not reach the designated position,network technology gave birth to black industry chain,complaints mechanism is not sound,insurance system is not mature from several aspects are the main reasons of infringement in the ride-hailing service.These violations of consumers' rights and interests has different characteristics from the traditional taxi industry,which is also the difficult point in how to realize the protection of consumers' rights and interests.The fourth part provides corresponding countermeasures for the protection of the consumer rights in the ride-hailing service.The department in view of all the above problems,put forward four aspects of countermeasures.Including the hard law system to control combined with a soft law to guide,to establish multidimensional regulatory system and smooth traffic of hierarchy complaint channels,and perfecting the supporting system of insurance from.The legislation focuses on the combination of hard law and soft law,so that the two can complement each other,and effective implementation in the ride-hailing service industry development.To establish a multi-dimensional supervision system to distinguish the supervision responsibilities of national,industry associations and platforms;The first thing to do is to remove the threshold of complaint and establish a multi-level complaint channel onthis basis.Perfecting insurance supporting system mainly lies in exploring the standardized insurance model,perfecting the corresponding insurance rules,and clarifying the responsibilities of insurance liability division and the supervision of relevant agencies.