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Research On Contract Responsibility Of Car Contract In Network

Posted on:2019-06-22Degree:MasterType:Thesis
Country:ChinaCandidate:H T ZhouFull Text:PDF
GTID:2416330578472322Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The Internet+ model has brought more and more influence to the public in daily life.Among them,in terms of transportation,the network car is gradually becoming a habit of travel at all ages.The "Interim Measures for the Administration of Online Booking Taxi Management Services" was introduced in 2016.This means that the official has given the network an official identity,and also affirmed the legal status of the network service platform.The emergence of new things always tests the adaptability of laws and regulations.With the rapid popularity of the network car,satisfying people's travel needs and alleviating social pressure,there are many concepts of this sharing economy that require government to regulate or legal.Regulation,deep thinking.This paper outlines the nature of the contract,the content and the specific way of entering the contract,and the time when the contract is established,so as to introduce the specific liability for breach of contract,including the principle of imputation,specific breach of contract and exemption,as well as the responsibility of the competition.Timely analysis.In the end,the main reasons for the breach of contract liability of the network contract are summarized and analyzed,and feasible opinions are put forward to fill some gaps in the corresponding laws and regulations.Specifically,it has the following contents:In the introduction,the author lists several theories about the network car in the theoretical circle.The first chapter of the text first presents the existing doctrines on the network contract,and then shows the difference between the contract and the traditional passenger contract.The particularity is elaborated.The conclusion of the contract includes the form of the conclusion and the sign of the establishment of the contract.The particularity of the contract is mainly reflected in the way the contract is concluded and the time when the contract is established,the roles of the offeror and the promiser are exchanged,and other parties The platform participates in it.The second chapter then discusses in detail the contents of the network contract,including the specific rights and obligations between the driver and the passenger,the platform and the driver,and the passenger.The third chapter looks at the default from the perspective of the principle of liability and contract relativity.The specific breach of contract form,exemption reasons,and the scope of compensation for claims for damages are specifically discussed.Under the discussion of the main contents of these three chapters,through the analysis of the different forms of liability for breach of contract,and at the same time summarizing the defects exposed,such as the mode of responsibility of the defaulting party,the lack of corresponding punishment mechanisms,and suggestions for the above problems,For example,improve the distribution of responsibilities,expand the way of liability for breach of contract,improve the regulation of the platform's relief,deposit penalties,and establish a bad list.
Keywords/Search Tags:Network car, Transportation contract, Imputation principle, Penalty for damages
PDF Full Text Request
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