| Interim procedures of Management of Operation and Service of Network preservation Taxi issued in July 2016 though has made legalized the online taxi preservation(simplified as "online taxi")which has long been in the legal grey area,but the express and free ride in the form of online taxi,the driver,as the actual carrier and the platform company,the responsibility of the carrier assumed by the law,are two relatively independent subjects,the legal relationship between the two is still inconclusive;meanwhile,the imperfect insurance system leads to the insurance company refusing to pay for with various reasons when the traffic accident occurs,the combined effect of which makes it difficult to accurately define the main body of compensation for the civil liability in the event of a traffic accident caused by the online preserved private car,and the victim's due compensation is affected.In order to find out the countermeasure to the problem,analysis and improving suggestions are attempted to give in the paper as following:Part one is on the brief introduction first to the concept development of online taxi and its operating mode,then criticizes the irrationality of classification of online taxi as per its current operating mode;then proposes to classify it into private and non-private cars based on personal dependent degrees between the driver and platform,and mainly discusses the rationality and superiority of such classification method.Part two is on the theoretical basis for the affirmation of the liable subject for the traffic accident compensation,focusing on the dualistic theory of operational dominance and operational benefit;analyzing on whose present situation and legislation deficiency in China,and brief to the judicial precedent of the liable affirmation of traffic accident caused by the online preserved private car.Part three is on the oversea experience of the liable affirmation of the platform of the online preserved car and insurance claims.Because the online preserved car originated in the United States,regulations of the states of the United States are concerned;Part four is on the dispute of the liable subject affirmation of online preserved private cars for compensation for the traffic accident,mainly including three aspects:the dispute between the driver and the car preservation platform,their dispute of the form of liability bearing and the dispute of the compensation liability of the insurance company,and the view of the paper to which is given as:the online taxi preservation platform company and the private driver constitute the occasional partners and they shall take the joint liability for the compensation for traffic accidents.Part five is on our problems of unclear legal relationship between such platform and private driver above in affirmation of such an accident compensation caused by cars above,weak execution in advance compensation system and imperfect insurance system,etc.,and suggestions are given to perfect the liability for compensation above from clearing up the subject of compensation,strengthening the role of the insurance company and governmental supervision and the platform effective carrying out responsibilities.Part six is the conclusion and the summary of the whole paper:the online preserved cars shall be classified into private and non-private cars based on personal dependent degrees of the driver on the platform;in the form of online preserved private cars,the driver and the platform company constitute the occasional partners and they shall take the joint liability for the compensation for traffic accidents;in order for a better liability for the compensation for traffic accident caused by the online preserved private car,improvements shall be from clearing up the subject of compensation,strengthening the role of insurance company,responsibility exercise of the platform and governmental supervision. |
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