Study On The Compulsory Contracting Obligation In The Contract Of Online Car-hailing

With the development of economy,people's life has changed a lot,especially the penetration of the Internet into the national life,and people's way of travelling has also developed.In the majority of young people online car hailing has been a common way of car hailing,but in the development process of car hailing,there are many problems,the most easily overlooked one is the compulsory contracting obligation.Because we all think that the freedom of contract,but the freedom of contract is not equal to the justice of contract,so this paper discusses the problems existing in the contract from the point of view of compulsory contracting and puts forward some suggestions.The first part is the concept and characteristics of the contract.In the author's opinion,online ride-hailing is the process of signing a ride contract online and providing services offline.On the premise of using Internet technology,passengers will send a ride signal according to their own needs and the driver will pick up the order,and the driver will transport the passengers and the articles carried by the passengers to the destination.It should be noted that online taxi booking does not only refer to online taxi booking,nor does it mean booking all cars,but vehicles in line with the "interim management measures for online taxi booking"(hereinafter referred to as the measures).In the theory of compulsory contracting,although the liberalization of contract contracting is more obvious,the party with a strong position still needs to undertake contracting obligations.Since the time starting point of contracting obligation is not clear due to the virtualization of contract formation,the author believes that the time starting point of contracting obligation should be calculated from the time when the ride-hailing party makes a ride-hailing offer without network interruption or force majeure.Due to the particularity of ride-hailing contracts and the theory of compulsory contracting,which is the bridge between public law and private law,drivers who violate the compulsory contracting obligation should bear corresponding civil liability,while the platform and other contract subjects may bear corresponding administrative responsibility or even criminalresponsibility.The second part is about the phenomenon that the ride-hailing drivers violate the compulsory contracting obligation and the liability theory of the compulsory contracting obligation.There is no general stipulation about compulsory contracting obligation in Chinese law,but exists in various specific laws in a scattered way.Article 289 of China's contract law is just about the carrier's compulsory contracting obligation,but it does not stipulate the legal consequences of violating the compulsory contracting obligation.According to the provisions of the interim measures,drivers of ride-hailing vehicles play the role of a carrier,so the phenomenon of fare increase,passenger selection and refusal to carry in the ride-hailing vehicles should be punished by relevant laws.Since the compulsory contracting obligation has been controversial since its birth,a unified concept has not been formed so far.Therefore,the liability theory of compulsory contracting obligation has not reached a unified conclusion.The author comprehensively analyzes several existing theories and believes that it is most reasonable to assume tort liability in violation of compulsory contracting obligation.The third part of the author from the perspective of legislation,judicature,legal supervision on the violation of compulsory contracting obligations in the network ride-hailing put forward Suggestions for improvement,this part is also the author's innovation.(1)in terms of legislation,draft general provisions specifying mandatory contracting obligations and improve the legal consequences of corresponding provisions.The expansion of the scope of application of compulsory contracting should also prevent the abuse of power.(2)in terms of private law,the author analyzed the behaviors in the judicial process and put forward Suggestions one by one from the two cases of online car-hailing in Shanghai in 2014 and online car-hailing markups in 2018.(3)in terms of legal supervision,the author mainly supervised the online ride-hailing industry many departments,so joint supervision by multiple departments can play a role in preventing and controlling violations of compulsory contracting obligations.The creative outcome of this paper is to put forward Suggestions on improvingthe compulsory contracting obligation from the aspects of legislation,judicature and legal supervision,and then make up for the deficiency of administrative law in solving the problems in the contract from the perspective of private law.This paper also collected a large number of the latest data as the important theoretical support of this paper,and the data are summarized,so that this paper is simple and clear.Combined with relevant cases to discuss,the proposed Suggestions have practical significance,and have certain theoretical and practical significance for the development of China's ride-hailing and compulsory contracting theory.