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Research On Civil Remedies Of Shared-bike Accidents

Posted on:2019-05-15Degree:MasterType:Thesis
Country:ChinaCandidate:R YangFull Text:PDF
GTID:2416330569996278Subject:Law
Abstract/Summary:PDF Full Text Request
The shared-bike has become an important way for residents with its advantages of no stake sharing,low prices,and environmental protection since 2014,solving the last-mile problem in city trips.With the widespread of the shared-bike in all major cities,the ride demand for residents has surged and a series of problems have gradually highlighted.The most compelling issue is the civil relief for victims of the shared-bike accidents.The shared-bike accidents occurred in Hangzhou,Shanghai,Beijing,Chengdu and other places,resulting in personal and property damage to victims,causing concerns in academia about the deficiency of civil remedies for the shared-bike accidents.According to the different subjects of responsibility,the shared-bike accidents are generally classified into three situations.The first class is because of bicycle quality problems,the second class is due to riders violate the “The Shared-bike User Agreement”,the third class is caused by the third party violates traffic rules.Based on the above basic types of the shared-bike accidents,in practice,riders often face legal remedies after a riding accident,which is mainly manifested in the clauses of the shared-bike user agreement restrict the user's remedy rights and the typical case is aggravating the users' inspection obligations and excluding the users' rights to claim;Tort liability determination exists legal disputes mainly manifest in the disputes of responsibility determination of unqualified riders and causal relationships;Insufficient insurance protections are in the shared-bike,such as unbalanced insurance and small coverage.On the basis of legal dilemma of the above civil remedy of riding accidents in the shared-bike,we should explore the civil remedy path of the shared-bike riding accidents from four aspects,providing victims with full and timely civil remedies.Firstly,improving the rights and obligations of electronic format contracts,such as regulating the main content of electronic format contracts and strengthening the legal and regulatory systems of electronic format contracts.Therefore,the rights and obligations between the shared-bike rental platforms and riders can return balance which are unbalanced by unilateral will of format clauses and protect the fairness and justice of the shared-bike in electronic format contracts.Secondly,clarifying the identification of the infringement liability of the shared-bike accidents,such as viewing the shared-bike platforms as the compulsory infringement of the tort system,the identification of infringement law in the intrinsic defects of the shared-bike and the causal relationship of riding accidents.Clearly clarifying the assignment of the infringement liability of the shared-bike accidents from two aspects in legislative perfection and industry norms.Thirdly,improving the insurance protection system of the shared-bike,including the compulsory insurance purchase obligations for the shared-bike platforms and the control of the risk of shared-bike insurance claims.That will make the shared-bike insurance protection become a modifier of riding accidents in pre-disasters and post risks.Fourthly,establishing a compensation fund for the shared-bike accidents to resolve the behind development of China's insurance industry and the embarrassment in inefficient insurance coverage.That will protect the victims' basic living needs and medical assistance needs.In the specific structure,the basic elements of the compensation fund in compensation channel,application conditions and management,etc.shall be clearly defined.Establishing a diversified relief mechanism for the shared-bike accidents is to provide victims with adequate and timely civil remedies.
Keywords/Search Tags:Shared-bike, Shared-bike Accidents, User Agreement, Compensation for Tort Damage, Insurance for Shared-bike, Compensation Fund
PDF Full Text Request
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