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Study On The Accident Responsibility Identification Of Traffic Accidents In China

Posted on:2019-10-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y X LuFull Text:PDF
GTID:2416330545973070Subject:Civil and Commercial Law
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In recent years,there have been frequent traffic accidents concerning ride-sharing services and the number of cases has been on the rise.Due to the uncertain legal relationship between the company and the drivers,the phenomenon of separate judgments in the same case has appeared from time to time.Such a long-term situation will affect healthy development of the industry and the judicial authority,therefore,disputes and related legal issues caused by traffic accidents concerning ride-sharing services are the most pressing issues in this area.This article discusses the issue of the infringement liability concerning ride-sharing services.To solve the problem of responsibility determination,we must first clarify the legal relationship between the company and the drivers.In the domestic ride-sharing services,Zhuanche,Kuaiche,Shunfengche,taxis,and other forms have emerged.Due to space limitations,this article is mainly about the Zhuanche and Kuaiche,according to the different sources of drivers and vehicles,it will be divided into two types of models for the B2C-like and C2C-like(also known as "private-car-in" mode),respectively,the legal relationship of company and drivers in two types is discussed.In view of the most controversial mode of private-car-in,this article uses an enumerated approach to discuss the relationship between the company and the drivers.At present,the main opinions of the academic community mainly include the inter relationship,contract relationship,employment relationship,and affiliation relationship.The author believes that the relationship between the company and the drivers cannot be fully classified into a certain legal relationship but should be reconsidered from the two elements of the reasonableness of obligation and dangerous responsibility.In the end,this paper concludes that in the disputes concerning ride-sharing services,the company and the drivers are jointly funded by the company and the drivers,share the proceeds,share the risk and establish a casual partnership between the company and the drivers.Jointly and severally liable.Disputes about traffic accidents,concerning ride-sharing services also raise another hot issue,that the private car owners have used the vehicles for operations without informing the insurance company or fulfilled their make-up obligations.In case of an accident,the owner of the private car may be unable to claim compensation from the insurance company based on the commercial liability insurance that the vehicle has purchased for the family.That is,the insurance company may deny the compensation due to the “significant increase in the degree of danger of the insured vehicle” according to Article 52 of the “Insurance Law”.In addition,from the current legislative and judicial perspectives,this paper also proposes several problems about responsibility confirming in accident concerning ridesharing services that the indetermination of legal relationship between the company and the drivers,the lack of insurance systems,and the weak protection for the full-time drivers in C2C-like model.Under the principle of promoting the healthy and stable development of the ride-sharing industry,to protect the interests of passengers and the interests of drivers,this article proposed to include the ride-sharing vehicles into government supervision,improve the corresponding insurance systems,to create new types of insurance products which disperse risks,and that the drivers who have meet certain working hours have the right to sign labor contracts and other specific proposals with the company.
Keywords/Search Tags:ride-sharing services, traffic accident, responsibility subject
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