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Research On Civil Legal Responsibility In The Shared Economy Model

Posted on:2020-06-27Degree:MasterType:Thesis
Country:ChinaCandidate:Y X GengFull Text:PDF
GTID:2416330572980399Subject:legal
Abstract/Summary:PDF Full Text Request
At the moment of rapid economic and Internet technology development,various forms of development and developments are constantly emerging in various economic forms.As an economic system in the national economic system,the sharing economy has the fastest development and the strongest vitality has been deeply integrated into people's daily life and production.The sharing economy,which is based on reducing waste,improving idle resource utilization and reducing transaction costs,is deeply favored by people and supported by national policy.Therefore,the current sharing economy still maintains its rapid development and constantly refreshes people's horizons.It has also injected new vitality into the country and the social economy.It is precisely because the development of the shared economy is still too fast,so the various legal problems that follow are emerging one after another.Under the traditional legal system,new problems and new situations are constantly emerging,which undoubtedly burdens the existing legal system.To bear the weight and constantly face new challenges.The urgent legal needs faced by the sharing economy in its rapid development require the law to interpret and clearly analyze the difficult problems and new legal issues,so that when people seek legal remedies,the courts and other legal institutions can It is easier and more accurate to judge and hear the problems they face.This paper first summarizes the related concepts of the concept,characteristics,development process and status quo of the sharing economy,and then between the civil entities involved in the sharing economy,which is mainly represented by “network-about car”.Civil and legal relations have been summarized and analyzed one by one in order to clarify the legal status of the parties.Next,based on the civil legal relationship between the various subjects,the research and analysis of the default behavior and tort liability that may occur when using the network car taxi software are studied and summarized.At the end of the paper,some suggestions for improvement in the current civil legal system have been put forward.As a new economic model with rapid development,the sharing economy is inevitably very different from the traditional economic model.This means that once it has a problem,it will have a larger form of expression than the traditional economic model.different.Today's legal system is difficult to accurately distinguish and identify civil legal issues that arise in this new economic model.In the trial of real cases,there have been different cases in the same case.This shows that the trial and resolution of related issues requires a clear positioning and differentiation of the law,so that the court can have sufficient laws when trying the case.Based on the identification,avoid the frequent occurrence of different judgments in the same case.Because the sharing economy is reflected in many industries,it is difficult to conduct comprehensive research and analysis on legal issues,and the length is too long.Therefore,this paper mainly focuses on the shared economic model in the network car industry,and summarizes and analyzes the different business models in the network car industry in order to find out the differences,and specifically analyze and analyze each business model.Different legal issues involved in this.The civil legal relationship and civil legal responsibility involved in the online car industry under the shared economy model cannot be explained in a nutshell.The main legal status,rights and obligations,and other civil legal relationships of the parties in different business models and The civil legal responsibilities that may be assumed are different.Therefore,this paper discusses the civil legal relationship,breach of contract liability and tort liability that may be involved in each business model.To solve the problem,first of all,to figure out what the problem is.In the main part of the article,this paper discusses some basic problems in the network car industry,and clarifies the civil legal relationship between the parties and the ways in which different subjects bear different civil legal responsibilities.To figure out the problems in practice,it is better to prescribe the right medicine.At the end of this article,the author puts forward some suggestions for solving some existing problems.On the one hand,the existing problems are characterized by further explicit provisions of the law,so as to reduce the difficulty of the courts in trying cases and avoid the occurrence of different judgments in the same case.Of course,not all problems can be solved by legislation or by amending laws.Therefore,on the other hand,strengthening the quality of the people's own legal awareness also has a good effect on avoiding some civil legal issues from the source.
Keywords/Search Tags:shared economy, car contract in Network, civil legal relationship, legal liability
PDF Full Text Request
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