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Research On The Responsibility Of Taxi Booking Parsing Platform In Traffic Accidents

Posted on:2018-12-14Degree:MasterType:Thesis
Country:ChinaCandidate:S S LiFull Text:PDF
GTID:2416330563459287Subject:Law
Abstract/Summary:PDF Full Text Request
Taxi booking parsing platform as a typical "Internet + transportation service" of the enterprise,its development conforms to our country's economic development strategy.It is a way of sharing economy,greatly improve the public transportation.When Taxi booking parsing rapid development,at the same time the disputes also increased,especially the network about the determination of the main responsibility of road traffic accidents become practical problems.Taxi booking parsing platform has been claimed that he is just an information technology service platform,not the carrier's responsibility.Due to Taxi booking parsing platforms have different mode of operation,its legal status is different in the different mode of operation,have different responsibilities,so I take taxi booking parsing platform of legal responsibility as a research topic.Specific research paths is as follows:The first chapter puts forward the problem.First briefly introduced the network platform,the basic legal problems about Taxi booking parsing platform,including the meaning of Taxi booking parsing platform,It's different from the traditional taxi,It's different from the "black car",It's different from the public transportation,It's different from the Traditional online trading platform and the business model of Taxi booking parsing platform.There are three types of business models: proprietary,quartet protocol model and the Private car franchise model.Second use some cases to bring out the theme,namely the legal status of Taxi booking parsing platform and its responsibility in traffic accident.In the end,analyze the reasons for the plight of the passenger in the traffic accident in the Taxi booking parsing.The second chapter analyzes the Taxi booking parsing platform relationship with different subjects in different modes,The operation mode of the Taxi booking parsing platform mainly divided into three types:self-operation mode,quartet protocol model and the Private car franchise model.Under the self-operation mode,the Taxi booking parsing platform form a labor contract with the driver,the Taxi booking parsing platform formed an objective contract relationship with passengers.Under quartet protocol model mode,the Taxi booking parsing platform formed a car rental contract with Car rental company,the Taxi booking parsing platform formed a labor dispatch relationship with the Labor dispatch company.the Taxi booking parsing platform formed a practical relationship with the driver,the Taxi booking parsing platform formed an objective contract relationship with passengers.The Private car franchise model,one is the Private cars hang on the business model The other is private cars service Tailwind mode.Under the Private cars hang on the business model,the Taxi booking parsing platform formed contract relations with the Private car owners,the Taxi booking parsing platform formed a actual passenger contract relationship with the passenger.In the tailwind service,the Taxi booking parsing platform formed Intermediate contract relations with passengers and private car owners.The third chapter analyses the legal status of the Taxi booking parsing platform.The legal status of the Taxi booking parsing platform in different business models is different.It is the basis of determining the legal responsibility to decide the application of the law.Due to the short development of the Taxi booking parsing platform,the legal qualitatively is more controversial.Have view Taxi booking parsing platform belongs to the carrier of the taxi industry,another view is that Taxi booking parsing platform belongs to a kind of online trading platform,and the view network status about car platform in the broker.In the author's opinion,the legal status of the Taxi booking parsing platform should be distinguished from the different operating modes.In the self-operation mode,quartet protocol model and the Private cars hang on the business model,the Taxi booking parsing platform participate in the actual operations of the vehicle behavior qualitative for transportation services of business operators,and just as the public transport service,rather than a real bear the public service function of public transport carrier.In the private cars service Tailwind mode,Taxi booking parsing platform provide information for passengers matching service and accompanying pay the behavior of the auxiliary services as the technology of network service platform service provider,in a broker's legal position.The forth chapter analyses different business model Taxi booking parsing platform in traffic accidents responsibility.Business model is different,different legal status,the nature of the responsibility is also different.In the self-operation mode,quartet protocol model and the Private cars hang on the business model,,the Taxi booking parsing platform shall bear the legal responsibility of the carrier.In the private cars service Tailwind mode,Taxi booking parsing platform bears the responsibility of the information technology server.
Keywords/Search Tags:Taxi booking parsing platform, Quartet protocol model, Traffic accident, Legal responsibility
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