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Research On The Tort Liability Of Traffic Accidents In Time-sharing Vehicles

Posted on:2021-05-31Degree:MasterType:Thesis
Country:ChinaCandidate:S LinFull Text:PDF
GTID:2416330602978175Subject:Law and law
Abstract/Summary:PDF Full Text Request
Despite the current large-scale layout and capital investment in the car sharing industry,providing more travel options for cities and diversifying travel methods,the new sharing economy model is forcing society to reexamine the current legal service structure of some highly regulated industries.In addition to the industry’s own rules and regulations,China’s tort law’s ability to adapt to the new environment of the sharing economy is equally important.So far,few scholars have paid attention to such issues.Regarding the division of tort liability for time-sharing and shared car traffic accidents,it was revealed at the beginning of frequent car-sharing traffic accidents.Different from the traditional car rental model,the time-sharing and shared car has the nature of separation of ownership and actual use.The research on it cannot directly APPly the traditional theory of the division of liability for tort liability in the past,and the victims of traffic accidents cannot follow the existing China’s legal system clarifies the scope of tort liability between the parties to the car-sharing and sharing car party,and faces difficulties in recovering tort damages.The research in this paper is based on the essential characteristics of time-sharing rental and shared cars.At the same time,it has an in-depth understanding of the rental models and rental rules of multiple large platforms in the field of shared cars.The legal nature of time-sharing shared cars is obtained.In addition,among the multi-party responsible parties of time-sharing leased and shared car traffic accidents,by analyzing their legal relationships in the form of contract breach and tort damages,the application of the principle of liability for tort liability between different responsible parties is derived,It also demonstrates the necessity of expanding various legal obligations for car rental platforms.Finally,this article combines the possible practical legal risks of time-sharing car enterprise,draws on advanced theoretical systems outside the region to provide practical suggestions for legal policies related to time-sharing car traffic accidents.
Keywords/Search Tags:car sharing, traffic accident, tort liability, imputation principle
PDF Full Text Request
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