Study On The Liability Of Traffic Accident Tolls Caused By The Car Platforms In China Under Private Car Ownership

Internet special car service is an emerging platform for the Internet special car platform to use big data analysis and processing technology and GPS positioning system to match cars and passengers in similar areas and provide passenger service.The introduction of private car access to private cars has opened up the “Internet +” and sharing economy,and has been widely accepted by consumers because of its convenient and well-carried environment,accounting for 80% of all cars in the network.Has become the main operating model of the network about the car.Since the network about the car into the people's vision,the academic community has not stopped its discussion and research.In 2016,seven ministries and commissions promulgated the Interim Measures for the Management of Online Booking of Taxi Business Services,and the network appraisal has gained a legal status.The size of the legally-developed online tour car will be even greater,and the risks that may exist during the journey will also increase.The most common problem with motor vehicles on the road is the problem of traffic accidents.After a traffic accident occurs,it will inevitably cause damage,which will lead to a discussion on the legal liability of the parties in the civil tort.The difference between online tort liability and ordinary motor vehicle traffic infringement liability is that the special vehicle platform is the main legal entity.At present,there is no specific provision for the civil legal liability of the car platform in our country.In particular,under the private car model,the legal relationship between the parties is complex.In practice,the platform has always been pushing responsibilities to the outside world and many disputes cannot be resolved.The legitimate rights and interests of the victims cannot be guaranteed.This article will study the infringement liability of the special car platform under the private car model in traffic accidents through three parts.The first chapter briefly introduces the operating mode of the car about the private car model and the legal relationship between the parties,and then analyzes the standards of determining the tort liability of the car platform under different circumstances.Finally,the tort liability of the car platform is discussed from the perspective of the tort liability law.Form and its commitment.In the second chapter,the author will analyze the three outstanding problems of the infringement liability of traffic accidents on the car platform under the private car model in China,combining with the current laws and judicial precedents.The third chapter summarizes the issues and draws the conclusion that the private car platform should bear joint and several liability with the driver of the car under the anchoring mode of the private car.It also proposed suggestions on improving the tort liability of traffic accidents on the car platform under the private car model.The purpose of this paper is to clarify the commitment of the car platform legal responsibility under the private car model to protect the legal interest of passengers and maintain traffic safety,build a good traffic order,and promote the stability of the network car.