Study On The Tort Liability Of Internet Designated Driving Traffic Accidents

The continuous progress of mobile Internet technology has promoted the integration between new and traditional formats.Internet designated drive service is the product of the integration of between new business innovation model and the traditional vehicle driving service.With the continuous emergence of Internet designated drive service platform and the intervention of commercial capital,the Internet designated drive service has developed in our country rapidly.It is helpful for motor vehicle owners to solve the problem of the delivery of people and cars in the case of inconvenient situation such as drinking or physical discomfort.In recent years,with the increasing frequency of Internet designated drive service,related accidents is showing an increasing trend.China's laws and regulations of Internet designated drive service are not perfect yet.There is a lack of clear identification of the relationship between the parties concerned.In judicial practice,when a road traffic accident occurs on a Internet designated drive car,the victim does not know who is supposed to claim their rights.It affects the accurate identification of the responsible subjects or the way to divide the responsibilities between them,which leads to the further expansion of the bad affection.In July 28,2016,the State Council promulgated the Interim Measures for the Management of the Operation of Network Booking Taxis.It has an important reference for the management of the Internet designated drive service.It also encourages us to have a more comprehensive research on Internet designated drive service.In this paper,the liability of road traffic accident compensation is studied.Through the four chapters apart of the introduction and conclusion to research the tort liability of the road traffic accident.The specific contents are as follows:The second chapter introduce the current disputes about the legal relationship between the subjects of the party,introduce the main dispute points,and take this as a breakthrough to clarify the two relations between the Internet designated drive service platform and the driving driver,and the relationship between the Internet designated drive service platform and the vehicle owner.Then introduces the legal definition of the general vehicle road traffic accident tort in the current legal system of tort in China,analyzes the constitutive requirements of the tort of the traffic accident,and lays the foundation for the following determination.The third chapter determine the liability subject of the Internet designated driveservice.The experience and jurisprudence basis of the compensation entity of the Internet designated drive service.This chapter first introduces the standards of the liability subject of traffic accidents in the United States,Germany,France,the area of Taiwan.Then,it introduces the legal basis of the subject of the tort liability in the traffic accident in our country and discusses the identification of the responsibility.The forth chapter introduce the principle of imputation for the traffic accidents of Internet designated drive service.Based on the current situation of our country's legislation and drawing on the foreign experience,and according to the standard of binary in the operation of the judicial practice to analyze the necessity of this principle system in the present situation is insisted.The fifth chapter made a specific division of the responsibility of each subject in the accident according to the different legal relations in the whole generation of driving service and the different reasons for the occurrence of road traffic accidents.Finally aiming at the situation that the infringed people often fail to remedy,and putting some suggestions for better protection of the victim's rights.