Research On The Civil Law Of The Special Car

Network booking taxi service,also called car-hailing service,online ride-sh service,is the natural result of development and dissemination of Share Economy,.The development course of the special car in China is not long,but it has undergone a difficult and tortuous process.From the perspective of legal status,the ride-sharing car has realized the transformation process from illegality to legalization.On July 28,2016,the formal introduction of the Internet booking taxi service management interim measures.The introduction and implementation of this provision,making China in the field of network management policy and methods in the forefront of the world,becoming the world's first open recognition and affirmation of the legal status of the operation of the network,and the use of legal methods to regulate the country,in our country in the field of administration of a worthy of the highlights and encouraging action.From the legal point of view,the existence of network car and its development has a legal status and legal norms of text support,should be affirmed and recognized.Although the existence and development of the car to the public life,especially traffic travel has brought a series of convenience and benefits,but also has a traditional cruise the incomparable advantages and characteristics of the taxi,but it is still in the process of development,There are still a variety of imperfect,imperfect,immature and other issues,should be concerned about and attracted high attention.Combined with the development of the operation of the car and the actualsituation,the existence of the need to be included in the legal supervision,government regulation,how to monitor the prerequisite issues need to think and solve.Specifically,it is the analysis of the question of whether or not the vehicle and its platform,drivers and vehicles,etc.,which are new things,should be included in the scope of government supervision or any self-development.At the same time,if it is included in the scope of government supervision how to regulate,how to reconcile the network car and the traditional parade taxi conflict and contradiction between the maintenance of a good taxi market operation order and protect the safety of passengers,personal property And other vital interests and other issues are followed,it is necessary to be concerned about and to be analyzed and put forward solutions to resolve disputes and differences,so as to promote the taxi market operation of the normal and orderly healthy development.In addition,there are the concept of the definition of the nature of the network car platform,and on this basis,the network of the car platform company and the network bus driver between the employment orientation,labor contract relationship between the issue and the network bus caused by passenger transport contract performance And the tort liability arising from the operation of the network.By combing the existing theoretical research results,and drawing on foreign governance for the management of the car,while taking into account the spontaneous adjustment of the market,free competition may lead to negative externalities,information asymmetry and market failure and other defects,from the rule of law in China Departure,the network should be incorporated into the legal system to carry out supervision.This kind of supervision can take a two-level innovation and supervision mode,that is,the government does not interfere with the first-line operation of the business,and mainly for the network bus platform to carry out and after the dynamic supervision,network bus platform directly on the vehicle,drivers and other first-line supervision,a88 nd mainly through the provision of access threshold for pre-supervision and self-regulation,self-regulation,thus forming a "government + corporate business" cooperative regulatory model.At the same time combined with the actual operation of the car about the three differentoperating modes,in the distinction between the owners of the car owners and the network car company platform unit under the premise of the main vehicle network and the network about the car driver constitutes a labor Contractual relationship or general economic cooperation or labor contractual relationship.In the nature of the platform of the franchise platform should adhere to its status as a car carrier and passenger transport contract status and role of the parties,which is not only realistic,but also conducive to the maximum protection of the legitimate rights and interests of passengers as a vulnerable party.For the implementation of the operation of the network bus drivers,passengers unilateral or both sides between the liability for breach of contract and the network of the vehicle platform to deal with the need to distinguish between different circumstances to be identified.In the process of actual service operation,the network car platform may also have some infringing problems,especially in the event of a traffic accident,it is necessary to distinguish between the tort liability problem for the passenger and the tort liability of the third party other than the passenger,Car platform,drivers and passengers,respectively,should bear the degree of civil liability and commitment.On the basis of solving the above problems,to promote the network car in the government and its relevant departments to legally regulate and fully allocate the basic role of resources in the market,to play the network of auto industry self-regulation under the premise of the network to achieve the legitimate Orderly,rapid,healthy and healthy development,so as to promote the in-depth development of the shared economy,promote the popularization and development of the concept of shared cooperation,promote the construction of the rule of law in China on the right track,to a higher level.