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Research On The Tort Liability Of The Platform About On-line Booking Taxi

Posted on:2019-08-23Degree:MasterType:Thesis
Country:ChinaCandidate:X H LiFull Text:PDF
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The Internet began in 1969.With the development of Internet era,all kinds of business models of "Internet + industry" are constantly emerging and entering people's daily life.In this context,"Internet + vehicle" a new type of taxi operation,was born and entered China in 2012.In just a few years,the on-line booking taxi has developed rapidly in China.while providing more travel options and convenience for people,also brought a series of problems,including legislation regulation,market access,administrative management,and Competition,civil liability so on.In 2016,China promulgated< the Interim Measures for the Management of on-line booking taxi Operations and Services>.However,this regulation only regulates the on-line booking taxi from the administrative aspect,and the operating modes of the on-line booking taxi are various.Whether the on-line booking taxi platform bears the responsibility for various types of infringement disputes,and how to bear it,are in charge of the department.In practice,it is not possible to make decisions directly.There are a variety of operating modes for the on-line booking taxi,including the own vehicle,the affiliated vehicle,and the pattern of the on-line booking taxi family sedan.The platform about 0n-line booking Taxi has its own vehicle,which is known as the heavy-asset more common in the Quartet Agreement.The registration of the pattern of the on-line booking taxi family sedan into the network to become a on-line booking taxi is the most common and popular choice of car types in the taxi market.Due to the characteristics and risks of the net contract,which is different from the traditional cruise taxi industry,there are many problems in the on-line booking the pattern of the on-line booking taxi family sedan market,such as the unclear subject of liability for infringement accidents and the weak protection of consumers' rights and interests.Private vehicles are used for family use and taxis are operated.There are great differences in insurance and tax rates between them in China.Therefore,private car owners will be registered as a network contract car passenger service,once a traffic accident,will cause the insurance can not be compensated,the victim's loss can not be timely and effective compensation situation,The on-line booking taxi originated in the United States,after many years of development,countries have different attitudes toward the on-line booking taxi.Most of the research on the on-line booking taxi focuses on administrative management and the legal relationship between the subjects of the on-line booking taxi.The United States has a higher requirement for the on-line booking taxi insurance,which provides certain economic protection for possible infringement damage.The platform about on-line booking taxi is not just an information provider,the pattern of the on-line booking taxi family sedan are not eligible for passenger transport operation,but they have obtained operational qualification after registration of the platform,it can be said that the operation qualification of private cars originates from the platform,it has the right to formulate rules and plays a dominant role,it should be the carrier and the operator of passenger transport in the process of passenger service,Assume responsibility according to the obligations of passenger carriers and operators.The author found that the network-related traffic complaints were mainly caused by motor vehicle traffic accidents in the Chinese referee network.However,the network spreads widely and the discussion involves more infringement of the network.The personal attacks include violent crimes and privacy violations.This paper is aimed at the status quo of the private car entering the network in the on-line booking taxi market and the responsibility dispute is relatively large,taking the private car as a discussion object,by enumerating the different jurisprudence of the infringement cases involving the Internet,analytical academic circles on various views on the legal relationship of the on-line booking taxi,refer to the domain outside the vehicle regulations,ways to explore the obligations of the on-line booking taxi platform,Analyze the responsibility of the on-line booking taxi platform in the infringement disputes of the on-line booking taxi.
Keywords/Search Tags:The Platform About On-line Booking Taxi Responsibility, Supplementary Liability, Subject of Tort Liability
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