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The Research On Tort Liability About Sharing Bicycle

Posted on:2020-03-02Degree:MasterType:Thesis
Country:ChinaCandidate:Q ZhaoFull Text:PDF
GTID:2416330572980886Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
Network lease Bicycle-sharing is the first choice for most people to travel in our country nowadays.Its low carbon,convenience and extremely low cost are favored by the public.Facing the huge prospect of network leasing in Bicycle-sharing,many enterprises flock to the Bicycle-sharing industry.As a result,Bicycle-sharing's industry is developing rapidly,and Occupation's streets and alleys in our country are booming.Everything has its double flour.While Bicycle-sharing is solving the last kilometer of public travel,many legal issues have surfaced.As the number of Bicycle-sharing increases,the number of infringement cases brought by it also increases year by year.The infringement of network Bicycle-sharing involves many subjects,and how to determine the specific tort imputation method among many subjects is a difficult problem to be solved urgently.For example,Bicycle-sharing leaseholders infringe upon the legitimate rights and interests of others in the course of riding,or the legitimate rights and interests of leaseholders are infringed due to acts of sabotage by a third party,which has resulted in the separation of the actor and the responsible person.However,there are still some differences in our theoretical circle and judicial practice as to whether the tortfeasor should bear the responsibility for the tortfeasor or the third party.In addition,there are many cases of infringement in Bicycle-sharing,each of which may be the result of the joint action of one or more causes.When an infringement accident occurs,how to determine the type of infringement,how to distribute the responsibilities among all the tortfeasors,and how to judge the final form of tort liability need us to carry out certain discussions.For the above problems,the author,on the premise of combining the existing legal provisions and judicial system in our country,deeply explores the relevant theoretical research and relevant foreign legislation,determines the subject of responsibility and its form of responsibility,and finally achieves the purpose of protecting the legitimate interests of the infringed.This paper is divided into four parts.The relevant arguments are mainly carried out from the following aspects: The first part mainly introduces the problems in the legal regulation of infringement in Bicycle-sharing through cases.Through three specific cases,this paper analyzes and puts forward the legal problems that need to be solved in Bicycle-sharing's tort liability from different angles.The second part is about the relevant legislation of our country in this respect among the issues raised in the first part.This part mainlydiscusses from civil law and tort liability law,defines the division of subjects in tort accidents and the study of tort liability forms,and analyzes the characteristics of tort liability in Bicycle-sharing.The third part is the similarities and differences between the relevant tort liability laws of Europe,America and other countries and China's tort liability laws in Bicycle-sharing's tort liability undertaking,as well as its relevant management of Bicycle-sharing.The fourth part is the identification of Bicycle-sharing's tort liability form and the resolution of the problems raised in the first part.Through the analysis of the specific standards corresponding to behavior and responsibility in the theoretical system of tort liability form,this paper makes a concrete analysis of Bicycle-sharing's tort.And in combination with China's specific national conditions,learn from foreign advanced legislative experience and administrative experience.
Keywords/Search Tags:sharing bicycles, Infringement, Subject of responsibility, Form of responsibility
PDF Full Text Request
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