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Study On The Liability Subject Of The Third Party Damage Caused By Road Accidents Of Net Substitute Driving

Posted on:2020-03-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y J JiaFull Text:PDF
GTID:2416330596980496Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
“putting drunk driving into criminal law” has enabled the rapid development of the driving service.With the deep integration of the Internet and transportation,the net substitute driving service has shown the advantages of quickness and convenience,and has gradually become the mainstream of the substitute driving industry.The growth of the substitute driving business has also led to an increasing number of motor vehicle road accident disputes.Due to the ambiguity of the law,it is difficult to determine the liability of the third party damage caused by road accidents of net substitute driving.Theoretically and practically,there are mainly the following viewpoints: first,responsibility is assumed by the agent driver;secondly,the agent driver is responsible for the driven person;third,the the internet platform bear the responsibility of substitution.The root cause of the above different opinions lies in the complexity of the legal relationship between the parties involved in the road accident caused by net substitute driving.And there are external relations and internal relations.The external relationship refers to the infringement relationship between the victim and the motor vehicle part;the internal relationship consists of two layers: one refers to the relationship in net substitute driving contract,that is,the relationship between the agent driver and the driving serviced person.The other refers to the relationship between the network platform and the agent driver.In the external relationship,the main part responsible for damages in traffic accident disputes shall be determined according to the “motor vehicle party” in the Tort Law.There is no difference between the meaning of motor vehicle party in China and that of motor vehicle owner in German law.and the “ motor vehicle owner” shall be judged according to the two criteria of “operational dominance” and “operational benefit”.In the internal relationship,the qualitative status of the driving contract and the legal status of the network driving platform are the key to the dispute.Since the provision of article 49 of the tort liability law only apply to leasing and borrowing,and the relationship between the driving service and the "lease and borrowing" does not have substantial equality,the provision of this article shall not apply to the determination of the subject of liability.By sorting out the identification criteria of the subject of motor vehicle traffic accident liability in the comparative law,this paper clarifies the definition criteria of "motor vehicle party" of the subject of liability in China's judicial practice,and determines "motor vehicle party" by means of "operation dominance" and "operation interests".However,this standard is only a standard of principle,and the final responsible subject can only be determined by examining the relationship between the legal subjects of each party in a specific case.Therefore,the final responsible subject should be determined according to the analysis of external relations and internal relations.Firstly,this paper analyzes the relationship between the network driving platform and the person being driven to determine the status of the network driving platform in the whole responsibility system.There are intermediary relationship theory,labor relationship theory and employment relationship theory in the theoretical circle and judicial practice.This paper holds that a new type of anonymous contract for information service is established between the two parties.Its rights and obligations are determined according to the content of the contract.Jointly acting as the driving agent,the agent and the driver assume joint and several liabilities externally within the driving agent.The two divide responsibilities according to the degree of fault.The fault of the driving platform shows the violation of the above two obligations..Secondly,this paper analyzes the relationship between the driving serviced party and the agent driver to determine the basis for the driving serviced person to bear the responsibility.The nature of the driving contract between the two parties is the contract of hired work,and the agent driving should assume the fault liability based on the identity of the hirer and the owner.Finally,according to the "dual theory" standard,the agent driver is determined as the general liability subject in the traffic accident on behalf of the network.Under different circumstances,the agent assumes the fault or no-fault liability.At this time,the internet platform assumes joint liability together..Based on case study and theoretical analysis,this paper limits the research scope to the identification and assumption of the subject of liability when the traffic accident caused by the network driving causes damage to the third party.By sorting out the legal relationship between the parties,this paper comes up with a reasonable way to solve such disputes,hoping to provide some enlightenment for judicial practice.
Keywords/Search Tags:Network driver, Traffic accident, Responsible subject, Platform responsibility
PDF Full Text Request
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