The Compulsory Contracting Obligations Of The Common Carrier In Car-hailing Service

The controversial legal status of ride-hailing,though out of the "gray zone",has been recognized by the law.However,all kinds of legal problems exposed in the practice of this new taxi passenger transport contract confirm the lag of the development of law in the era of "Internet +".The unfamiliarity of the vulnerable groups with the mobile Internet technology makes them lose the opportunity to sign a contract on an equal basis.The phenomenon of "taxi software" refusing to load and the function of price increase even violate the compulsory contracting obligation of taxi service and the original intention of the system of compulsory contracting to realize the substantial justice of contract.Facing the impact of taxi software setting "tipping" on the signing process of traditional taxi transport contract,the fundamental solution to this practical problem lies in re-examining and reconsidering the compulsory contracting system from the perspective of private law theory.At present,the theory of compulsory contracting system itself is not perfect.Therefore,under the framework of clarifying the compulsory contracting system,it is realistic and urgent to clarify the nature of the compulsory contracting obligations undertaken by car-hailing carriers and what legal responsibilities they should bear for violating the compulsory contracting obligations.In addition to the preface,introduction and conclusion,this paper is mainly divided into four parts to elaborate.It aims to provide theoretical support of private law in addition to the simple administrative regulation of "taxi hailing software" by studying the compulsory contracting obligations of online car-hailing carriers.The first part mainly expounds the legitimacy basis of the compulsory contracting system applicable to the online car-hailing service.Firstly,by distinguishing the legal attributes of ride-hailing platforms under different operating modes,the scope of carriers applicable to the compulsory contracting system is clarified.On this basis,this paper tries to find the theoretical basis for the compulsory contracting system of the new taxi passenger transport contract under the background of Internet era.At the same time,it clarifies the contracting restrictions of compulsory contracting,providing theoretical support for the follow-up study on whether the compulsory contracting of public transport service includes price coercion,and whether the pricing function of "taxi software" is contrary to the compulsory obligation of price.The second part mainly explores the application dilemma of the compulsory contracting system in the network car-hailing service.From the perspective of whether passengers have equal opportunity to sign a contract or whether online car-hailing services violate compulsory contracting obligations,this paper explores the reasons why "car-hailing software" disrupts the market order and violates the essential justice of contracts.At the same time,the author analyzes the scope of obligor subject,types of civil liability and reasons of defense.The third part mainly elaborates on the legislative regulation and judicial status quo of compulsory contracting by car-hailing carriers.Firstly,this paper introduces the current situation of the legislation of compulsory contracting of domestic car-hailing carriers,and analyzes the existing legislative defects.Secondly,it reveals the current judicial practice of compulsory contracting by ride-hailing carriers from the aspects of the refusal of ride-hailing vehicles and the pricing behavior of the platform.Finally,with the relevant legislation of symbolic countries and regions and the mature online ride-hailing operation mode as the reference,we think about how to find localized solutions.The fourth part is the preliminary thinking on promoting the performance of compulsory contracting obligations of ride-hailing carriers.As a new technology,taxi-hailing software should operate within the legal framework,and its implementation or restrictions should not deviate from the rule of law.Therefore,the key to enjoy the new technology for a long time is to find a new way to guarantee the equal contracting of passengers as vulnerable groups,standardize the operation mode of ride-hailing and improve the compulsory contracting responsibility system of ride-hailing carriers.