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Research On The Civil Liability Of Our Country Online Car Appointment Service

Posted on:2020-07-29Degree:MasterType:Thesis
Country:ChinaCandidate:W XiongFull Text:PDF
GTID:2416330578453662Subject:legal
Abstract/Summary:PDF Full Text Request
Relying on the "Internet +" information sharing of the background of the Times,online car travel came into being.While we enjoy the fast key convenience of optimizing our resources and satisfying the diverse travel needs of different passengers,we are also affected by the worries brought to people by the network,the complexity of their own main relationship and the imperfection of the relevant legal regulations in China,which makes the frequent accidents of network about cars,and the civil liability in the service of network about vehicles has become the focus of attention.Through the analysis of the legal concept of the civil liability of the Network contract service,it is considered that the network contract service is a kind of transportation service,its management idea is to "Internet +" as the technical means,to "economic sharing" as its basic policy,it is based on the "quartet Agreement",divided into "C2C" and "B2C" two models;On the basis of comprehensively discussing the types of civil liability in the service of network contract,such as liability for breach of contract and tort liability,manifestation and reason,this paper makes a legal analysis of the liability for breach of contract and tort liability of the net contract vehicle respectively.In the liability for breach of contract,it is considered that the network about the vehicle is the carrier in the carriage;It is a labor contract relationship with the driver;With passengers is the relationship between passenger service,this paper expounds the rights and obligations of each subject in the network,and the subject undertaking and compensation when the liability for breach of contract occurs.In the tort liability,when discussing the consequences of tort liability caused by different subjects respectively,the identification of the subject of liability,according to the principle of fault liability and the principle of no fault,analyzes the forms of various liability of the network,and analyzes the liability compensation of the Network contract platform and the passengers,drivers and other subjects for the infringement of the Network contract service.In this way to norm and promote the healthy development of the network car.
Keywords/Search Tags:Online car appointment, Passenger transport contract, Liability for breach of contract, Tort liability
PDF Full Text Request
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