Research On Civil Legal Issues Of Network Carpooling

At this stage,online carpooling is becoming more and more popular,and more and more people are living.Through the Internet platform,the rider sends a request for boarding,and the owner selects the appropriate passenger to make a request for benefit according to his travel route and the credit status of the beneficiary.The rider applies the credit according to the credit record of the owner,and according to A certain amount of tolls is allocated in advance by agreement.This is the definition of network carpooling.Nowadays,the city faces many problems such as traffic congestion,environmental pollution,energy shortage,etc.The emergence of a ride can not only bring convenience to people's lives,but also help solve these problems.However,it is inevitable that there may be some disputes.In this case,the analysis of the civil law characteristics of this carpooling behavior is extremely important.Different qualitative factors will give different legal constraints to both actors.Therefore,this paper studies the legal issues related to network carpooling,analyzes its civil law characteristics,free network carpooling and paid network carpooling,and gives some suggestions for the improvement of relevant laws.This article first introduces the basic concept of riding a network and the taxi,black car,net car,compared to the network,the windmill has its own characteristics,and the network has become an increasingly popular Social behavior is a behavior that civil law needs to promote orientation.This is also the significance of this study.Subsequently,this paper analyzes the civil legal nature of the ride on the Internet,which is the primary issue that needs to be confirmed.The free-following network should be a good intention to apply for benefits and the paid network should be an unnamed contract,so it is not easy to understand this kind of network to be a kind of charitable act,or partnership,not to mention The problem of illegal operation.Subsequently,this paper uses the case method to analyze,this paper studies the problem of breach of contract and infringement,and analyzes the problem of default and infringement.Analysis of the liability for breach of contract: After the contract isestablished,when the contract is executed,whether it is non-performance,delayed performance,refusal or performance,the breaching party shall be liable for breach of contract.The issue of tort liability analysis: the infringement problem of the network contract and the principle of imputation,the legal responsibility of traffic accident infringement,and the application of exemption.Finally,from the legal angle,some suggestions were put forward for the development of the network car: further clarify the legal nature of the network contract;encourage the parties to the net to fully utilize the principle of autonomy of will.In the end,I hope that the development of the network contract will be under the guidance and guidance of the law,and it will usher in a greater development opportunity.