The Study Of The Tort Liability For Traffic Accident In Time-sharing Rental Charge Of Car Sharing

With the high-speed development of science and technology and economy in our society,the internet technologies and global positioning system that are integrated with each other are derived,the car sharing which mode is according to the timeshare car rental is developing rapidly in our country.The car sharing solves the problem of short distance trip,and it also responds to policy orientation which focuses on the need of low carbon getting around.so it has been very popular since it comes out.Due to the increasing quantity of the sharing cars which are put on the market by various operating company,they appear on the road.this phenomenon shows some problems,such as the“car's safety”,“quality of service”,“illegal using car”.In the research of liability for tort relates to car rental,most of the research focuses on the liability for tort and liability for damage of the traditional lease,called “human and vehicle”,and the sharing of time-sharing car model is different from the traditional car rental industry due to its lease,the time is difficult to control and flexible,and the “separation of people and vehicles” leads to a highly mobile vehicle,which leads to an increase in the number of cases of tort caused by traffic accidents.At present,there are not enough research results to analyze the principle of liability and the tort liability of the infringing subject after the occurrence of traffic accidents under this model,and the victim can`t clarify the tort liability according to the explicit laws and regulations to obtain the corresponding damage compensation.Therefore,the study of this topic is necessary.The article studies the tort liability for shared vehicle traffic accidents under the "time-sharing" model,and uses the current number of cases of traffic accidents caused by "borrowing a shared car registration account" to drive a shared car as an entry point.Analysis of the infringements of the actual driver,registered driver,and shared car platform by the three parties.The actual driver of the shared car is the same as the driver's tort liability in the traffic accident in the traditional motor vehicle.It is the first person responsible for fault presumption.When the registered account is used for borrowing,the shared vehicle registered driver shall assume certain auditing responsibilities when he/she uses the account with others,based on the administrative authority of all his registered accounts,such as driving the actual user(account borrower).Eligibility and driving status are reviewed.If they do not perform or are obliged to perform this audit,they will be jointly and severally liable with the actual driver of the shared vehicle.When the registered account is misappropriated,if the account is used by a registered driver,the registered driver is not responsible for the management of the account without paying due attention to the account,and shall assume additional responsibilities;if the account is not used by the register driver,he does not assume tort liability.The registered driver and the actual driver do not cause harm in common subjectively,the “borrowed” and “misappropriated” account numbers are related to the subsequent traffic accidents,and according to “objective joint infringement”,the principle of attribution of liability for fault liability when people assume tort liability.Sharing car platform as the owner and manager of the car,it has the obligation to check the quality defects of the car.If the vehicle is defective,the platform should not be delivered to the user or must inform users before delivery,otherwise,the platform is faulty,it cannot exempt him from tort liability through the exemption clause in the registration agreement.The obligation of the platform to examine the driving qualifications and driving conditions of motorists should not be limited to the registered account,this review obligation should run through the entire process of using the account to drive the car until stopping.If the platform fails to perform or oblige to perform its review duties,the platform is faulty and should bear the tort liability.The shared car platform does not govern the actual operation of the car at the time of car leasing,it is only benefit providing rent from the car operation,and its operation is not related to the separation of operational benefits.The tort liability in principle should be applied according to its fault.After determining the tort liability of the above-mentioned three parties and their respective applicable principles of liability,they can compensate the victims personal injury and property damages which is according to the specific provisions of China's compensation for motor vehicle traffic accident damages.Based on this,it explored and improved new measures for tort liability laws and policies under the time-shared leasing model.For example,such as in the two cases in which the owner knows or should know in the?Tort Liability Act?49,the number of driver's driving qualifications and driving status audits are increased.From the perspective of maximizing victim's relief,under the driver's account “borrowed” or “used”,the tort liability law can expressly provide for the inversion of the victim's burden of proof,etc.Cooperate with the government to promote the development of the credit information system for sharing vehicles,which wish the shared cars develop rapidly under the rules and regulations.