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The Research On Civil Liability Of The App-based Ride-hailing Operation Service

Posted on:2019-07-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y X FangFull Text:PDF
GTID:2416330551461101Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The development of the sharing economy has triggered the emergence of the app-based ride-hailing operation service.As a supplement to public transportation,the rapid development of it in China has greatly facilitated the public trip and alleviated the difficulty of taxiing in densely populated cities.In order to regulate this emerging industry,including the Ministry of Communications,the National Internet Information Office,seven departments issued the interim management measures for the app-based ride-hailing operation service on July 28,2016.After that,local governments formulated the specific implementing rules according to local conditions.The app-based ride-hailing operation service is a franchise industry,the central and local legislation mainly regulates the access procedures for operators,vehicles,drivers,as well as their legal liabilities.It does not clarify the bear of civil liability in the app-based ride-hailing traffic accidents.But in China,there are several operation models for the app-based ride-hailing operation service,meanwhile,vehicle insurance can't fully play the role of advance compensation.These further arouse the disputes in judicial practice and theoretical research on civil liability.Therefore,based on the operation models and legal relationships in the app-based ride-hailing operation service,the paper will make the research on the distribution of civil liability in the app-based ride-hailing traffic accidents between the operators,drivers and insurance companies,and discriminate the related important issues,like the breach of contract and tort liability.The paper consists of four chapters:The first chapter defines the app-based ride-hailing operation service,traditional cruise taxis and ride-sharing from legal nature and legal regulations,and introduces three operation models and regulatory status of the app-based ride-hailing operation service.Based on two typical judgments("Nanjing Case" and "Beijing Case"),the second chapter analyzes the problems about the bear of civil liability in the app-based ride-hailing traffic accidents and analyzes the reasons from the perspective of legal relationships and insurance.The third chapter discusses how to bear civil liability and the subjects of the liability from liability for breach of contract,liability for tort,concurrence of liability and insurance companies' liability for damages.The fourth chapter puts forward opinions on the improvement of the liability system according to the research of the paper.And through studying the legislative experience about vehicle insurance in America,making more detailed insurance institutions from the aspects of insurance coverage,insurance standards,and management agency.
Keywords/Search Tags:the app-based ride-hailing traffic accident, liability for breach of contract, tort liability, compulsory insurance, commercial insurance
PDF Full Text Request
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