| With the rapid development of sharing economy,car-sharing travel has become an important way of mass travel.According to the "Blue Book of Mobile Internet" published in 2017,the number of mobile Internet users has reached 1.093 billion.Sharing economy has gradually occupied the dominant position in the travel industry.However,the new development of this economy is restricted by the imperfection of the current legal system and the lag of the law itself,which shows the mismatch between the sharing economy and the transportation travel industry.Therefore,it is necessary to actively explore and perfect the legal system and legal liability,analyze the legal risks,and establish the online car-hailing liability insurance system to protect the civil rights of all the online car-hailing subjects.By using the social management function of the dispersed risk in the insurance industry to undertake the risk in the online car-hailing industry,thus guaranteeing the rights of the main body of each online car-hailing service under the shared economic development,and building a harmonious and healthy social environment.Through the study of this subject,this paper fills in the blank of China's current online car-hailing liability insurance system,and solves the current online car-hailing insurance barriers and the application of law in practice.This paper tries to build the liability insurance system for online car-hailing in China to solve the shortage of insurance products at present.By establishing the liability insurance system for online car-hailing,it can ensure that the difficulties in settling claims no longer occur after the accident of online car-hailing in China.Through the study of this topic to clarify the problems of current online car-hailing liability insurance system in China which is urgent to be solved,it also appeals to the insurance industry to attach importance to the liability insurance system and to promote the legal dilemma and the solution of the insurance dilemma.Based on this,this paper discusses the above problems in five parts,including the foreword.In the foreword part,the author expounds that in the field of shared economy travel,there is a network car-sharing travel mode in our country.This new mode of transportation travel has completely changed the traditional travel mode,but at the same time has brought new operational risks,in the context of the current legalization of ride-sharing,China should establish a higher legal system and a liability insurance system to reduce all kinds of risks and promote social stability.This is the starting point of this paper.The first part mainly elaborated some characteristics of the current online car-hailing operation industry.It is precisely because of the characteristics of this new form of business that combines the traditional taxi industry and the new shared economy,resulting in complex social problems in the online car-hailing industry and the strong conflict of laws and the difficult problems of supervision in the government society.These problems lead to the frequent risk of online car-hailing operation,which provides the basis for the necessity of this study.The second part mainly explores the status quo of China's car-sharing operation and the shortcomings of the online car-hailing liability insurance system.At present,there are many problems such as the traffic safety problem,information leakage problem,illegal crime problem,responsibility sharing problem and so on.Although the government has stipulated the access conditions of the related main body through the temporary management method of the online car-hailing.However,it can not fundamentally prevent all kinds of operation risk accidents in the process of ride-sharing operation,nor can it solve the disputes of civil liability caused by the diversification of the main body of car-hailing operation from the judicial practice.It is precisely because of these difficulties in the operation of China's online car-hailing that the public are in line with the foreign online car sharing system.They think that our country should strengthen supervision and establish the network car-sharing liability insurance system as soon as possible.This part reflects the widespread existence of the risk of the network car-hailing operation,and the lack of the legal system of our country has become the theoretical basis for the establishment of the liability insurance system of the online car-hailing system in this paper.In the third part,the author establishes the value standard of establishing the liability insurance system of the net car from the solution of the risk of the network car charter operation.From the point of view of preventing risks,the loss allocation function and economic compensation function of insurance can solve the problem of insurance claim settlement caused by a large number of litigation cases after the traffic accident.So as to lighten the civil liability of each subject of traffic accident,give full play to the transfer risk of net car liability insurance,promote social stability and reduce the role of civil disputes.At the same time,as a social stabilizer,the huge safeguard function can provide an orderly guarantee for the healthy development of the car-hailing industry in the form of shared economy,and ensure the value norms of social stability.This part is the important value of establishing the network car liability insurance system.In the fourth part,according to the theoretical guidance of this paper,the author begins to draw the conclusion from the foreword of this paper that the existing risks are determined by the private characteristics of China's car-hailing operation industry.However,the current situation of China's online car-hailing is characterized by prominent legal problems,outstanding regulatory problems and difficult insurance claims.So it is necessary to establish the liability insurance system in our country.And draw lessons from the network car liability insurance system of European,American and Asian countries in the world,reach the idea of establishing the online car-hailing liability system of our country according to the local conditions,and make the preliminary design to the content regulation of the online car-hailing liability insurance contract of our country.On the basis of the establishment of Internet courts in our country,we can really establish the liability insurance system to ensure the healthy development of the sharing economy in the transportation travel industry. |
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