Study On The Civil Liability Of Traffic Accidents In Network About Vehicles In China

The prosperity and development of the online car booking industry has exposed many legal problems,among which the civil liability of the online car booking traffic accident is the focus of attention.Therefore,this paper uses case analysis,literature analysis and other methods to study,according to the research ideas of asking questions-analyzing problems-solving problems,the paper is composed of three parts:The first part is about the basic theory of liability for traffic accidents caused by contracted cars.The business model described in this paper only includes the business model of operation behavior,not the windmill model.The online car-appointment model has developed rapidly because it has the functions of increasing employment rate,solving temporary employment problems and alleviating traffic pressure in big cities.Nowadays,there are mainly four kinds of online car-booking business models in China,namely taxi model,online car-booking platform ownership model,labor dispatch model and private car-booking model;among them,private car-booking model is controversial in judicial practice because the legal relationship between drivers and platforms is not clear.In terms of the current situation of the legislation of the online car restriction,the number of legislation at the national level is small and the legal rank is low,while the number of legislation at the local level is numerous.The second part mainly analyses the problems and causes of the liability of network car-appointment traffic accidents in China through case studies.The judgments of selected cases are analyzed,reflecting three main problems: first,the court's standard of liability determination is inconsistent,and the phenomenon of different judgments in the same case appears in judicial practice;second,the responsibility of the online car-booking platform can not be truly implemented;the car-booking platform does not explicitly recognize that it bears the carrier's responsibility;once a traffic accident occurs,the car-booking platform will not take the initiative to undertake.Third,the phenomenon of insurance refusal is more prominent.Insurance companies only assume the liability of compulsory insurance in online car-appointment cases,and generally refuse to compensate for commercial insurance.In addition,the provisions of the law on online car-appointment insurance are not clear.The main reasons for the problem are as follows: firstly,the legal relationship between the platform and the owner of private car is not yet conclusive,and there are four main definitions of the relationship between the platform and the owner of private car,namely,labor relationship,employment relationship,labor service relationship and accidental partnership;secondly,the difference between the platform and the traditional carrier,mainly from the way of service and the obligation to undertake.The types of vehicles,the control of vehicles and the relationship with drivers are discussed.Thirdly,the commercial insurance refusal of insurance companies embodies the principle of balance of value.Private cars are engaged in business services,which changes the nature of vehicles.According to the provisions of the insurance law,the commercial insurance refusal is reasonable.The third part mainly puts forward targeted countermeasures according to the problems raised and the reasons analyzed.In view of the problems raised,first of all,we should improve the legislative level of online car booking and establish the principle of differentiated treatment.Different models should be stipulated separately,not all in one way.Secondly,we need to clarify the identification criteria of the main body of responsibility in four different models,so that the court has a clear standard in judging.Thirdly,we need to refine the platform responsibility.Finally,for the insurance problem,we should clarify the insurance policy holder and the insurance scope,add special insurance types for the online car,and stipulate the insurance policy holders in different modes to ensure that each mode of online car can be insured.Through these countermeasures,I hope to benefit the healthy development of the contract car industry.