Research On The Security Guarantee Of The Network Car Platform Under The Perspective Of Elimination Of Law

In the context of the rapid development of the Internet economy,the network car industry was born.On the one hand,the network car travel is convenient,fast and comfortable,which can meet the individual needs of passengers for travel mode selection;on the other hand,the current traditional taxi industry has many shortcomings,and the appearance of the network car just makes up The lack of traditional taxis.Therefore,the emergence and promotion of online car in China has been welcomed and supported by consumers.However,with the continuous development of the network car industry,its own shortcomings are gradually exposed.In recent years,the news media frequently exposed consumers to take a safe car accident,such as robbery,rape,killing,etc.There is a great potential danger to the personal and property safety of these people.These problems have caused the whole society to think about the security of the network car.Because there are some differences in the legal subjects involved in different network car operating modes,once a passenger has a safety accident in the process of taking a network car,the network car platform often denies that he is the subject of responsibility.In November 2016,the Ministry of Transport and other seven ministries and commissions jointly issued the “Interim Measures for the Administration of Network Appointment of Taxi Management Services”.The implementation of this law has filled the gaps in the current legal regulation for the network car,but for the network Under what circumstances should the platform of the vehicle be identified as the carrier of the networked vehicle without clear regulations.In the case of security incidents,the network car platform will refuse to assume liability for compensation as a true carrier.This will make it difficult to protect the most basic security interests.From the perspective of safeguarding the personal rights and property rights of the passengers on the network,the paper analyzes the problems of the safety guarantee obligations of the network-related vehicle safety accidents and the causes of the problems,combined with the current safety obligations of the network-related vehicles.Legislation to determine whether the network car platform should be responsible for the safety of passengers.There are six chapters in the article plus the introduction and conclusion.The first chapter of the introduction explains the background of this article.Under the "Internet +" era,the network car industry relies on developed information network technology to develop rapidly.At the same time,its rise has also triggered a series of thinking on consumer security issues.The second chapter is divided into two subsections.The first section introduces two specific cases to explain the different courts' different judgments on similar network car accidents.The main controversy lies in the responsibility of the network car platform.problem.The second section mainly explains the operation mode of the network car and the legal relationship between the parties of the network car to explain why the problems described in the first section occur.The third chapter is divided into two subsections,focusing on the legal basis for the safety guarantee obligation of the network car platform,including the Tort Liability Law,the Consumer Rights Protection Law and the Contract Law.The fourth chapter is divided into two subsections,which respectively discuss the responsibility identification and commitment of violating the safety guarantee obligations of the network car platform.The first section is the responsibility for the breach of security obligations of the network car platform.It mainly discusses the limits of liability identification,that is,the specific circumstances that need to bear the security guarantee obligation;the second section is the specific responsibility for the network car platform.Discussion,including the types of liability commitments and the elements of their responsibilities.The fifth chapter is divided into two subsections,discussing how to improve the security guarantee obligations of the network car platform,thus ensuring Personal and property safety rights of passengers.In terms of legislation,formulate relevant laws and regulations,clarify the safety guarantee obligations of the network car platform,and establish the principle of liability in the network car platform;in the judicial aspect,the main body of the network car security guarantee obligation in the judicial practice process and The identification of responsibilities is unified through guiding cases.The sixth chapter summarizes and summarizes the problems existing in the current network security security.From the perspective of the Consumer Rights Protection Law,it elaborates that the network car platform should fulfill its security obligations and improve the current relevant legislative and judicial deficiencies.Therefore,the development of the network car industry is guaranteed to be safe and good.Sustainable development..