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Research On Operation Modes Of Online Booking Car Platform Provider And Its Legal Liability

Posted on:2020-12-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y WenFull Text:PDF
GTID:2416330578969176Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
After several years of rapid development,Online Booking car has become one of the important options for urban residents to travel short trips.However,the relevant legislation and research on the legal liability of the Online Booking car platform provider is not related to the pace of the development of Online Booking car,in a lagging and chaotic state.The fault of Online Booking car platform provider business subjects type makes excessive legal liability attached to the platform provider,and the legal obligation and the legal liability provisions are not comprehensive and meticulous,which leads to the unreasonable legal regulation of the platform provider.All these affect the healthy development of the Online Booking car industry.Face the problems in the development of the Online Booking car we should be based on the characteristics of its operating model,Online Booking car platform provider business subjects type and legal obligations and legal responsibilities are identified separately.According to the above ideas,the text structure is divided into the following parts:.The first part studies and summarizes the operation mode of Online Booking car platform provider according to the different generation modes of the operating vehicles and drivers that provide the Online Booking car service.It is divided into three types of B2 C operation mode,C2 C operation mode and Non-cruise taxi operation mode.The second part,according to the theory of "operation control +operation income" and the strict statutory principle of commercial subject in commercial law,this paper makes a comprehensive analysis of the legislative determination and related theories of Online Booking car platform provider Business Subjects Type,and draws the conclusion that : Online Booking Car platform provider is carriers in B2 C operation mode,The legal relationship between it and the driver is the relationship between labor relations or Labor dispatch;and under the operation mode of non-cruise taxi,Online Booking Car platform provider is the intermediary and forms the intermediary legalrelationship with the taxi driver;Under C2 C operating mode,Online Booking Car platform provider and the driver are the partnership carriers.In the third part,according to the relevant agreements provided by the Online Booking Car platform and the safety and security obligations of the commercial subject,and different operating modes,the legal obligations of Online Booking Car platform provider are distilled and analyzed.Among them,the contractual obligations include: the obligation of providing network technical service under three modes,the intermediary obligation under the operation mode of Non-cruise taxi,and the obligation of passenger contract carrier under the operation mode of B2 C and C2 C.Statutory obligations include: the obligation of personal information protection under three modes.under B2 C,C2C operating mode,Online Booking Car platform provider prior to the audit obligations and insurance obligations;the relevant subject's safety and security obligations,the operation of the vehicle maintenance obligations,human vehicle consistency supervision obligations in the course of operation,payment obligation after the end of operations.Online Booking Car platform Provider's vehicles and drivers of the form of audit obligations in Non-cruise taxi operation mode.In the fourth part,according to the concept of aggravated liability of commercial subject in commercial law,the liability of breach of contract and tort liability of Online Booking Car platform provider are analyzed.In terms of liability for breach of contract,it states that its liability principle should apply strict liability and the composition and liability of breach of contract under different operating modes.In terms of tort liability,it expounds that B2 C and C2 C operating modes should follow the principle of liability for infringement liability of past traffic accidents,the principle of presumption of fault liability under non-tourist taxi operation mode,and the composition of torts under different operating modes and their responsibility.And the infringement liability of the relevant legal entities such as labor dispatch units and car rental and sales companies during the operation of Online Booking Car.
Keywords/Search Tags:Online booking car platform provider, Non-cruise taxi, Partnership carrier, Security obligation
PDF Full Text Request
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