Research On Liability For Damages Caused By Shared Car Traffic Accidents

With the continuous development of China's economy and society and the improvement of the level of Internet information technology,the sharing economy has also emerged.As a new economic model,it breaks the existing economic system and relies on the network platform to promote the matching of supply and demand,activate idle resources and realize the direct exchange of goods and services between individuals.Sharing cars is a concrete manifestation of sharing economy in terms of means of transportation.It is an important innovation in transportation mode under the background of "internet plus".As a new type of car rental,shared car has many advantages over traditional car rental,such as high efficiency,convenience and low price.At the same time,the random mobility of shared cars increases the risk of road traffic safety,easily leads to traffic accidents,and inevitably leads to certain property losses and personal injuries,ranging from friction and collision between vehicles to serious casualties.To deal with such traffic accident disputes,our country currently has no special laws and regulations to adjust them,mostly referring to the "Road Traffic Safety Law","Tort Liability Law" and other existing laws and regulations to adjust,the victims cannot clarify these responsibilities according to clear legal norms and successfully obtain compensation.The subject of shared car traffic accident liability presents the characteristics of pluralism and complexity.The identification of the subject of liability for compensation and how to bear the liability have become a major problem in judicial practice.Therefore,more specific laws and regulations are needed as the basis to clarify the relief ways for the responsible subjects and the protection of the rights and interests of the victims.This article mainly through consulting and thinking about the relevant theories and laws and regulations on the liability for damages caused by shared car traffic accidents,and combining with foreign research theories and legal status quo,from the perspective of the subject,mode and protection of the interests of the victims of shared car traffic accidents,puts forward suggestions on perfecting the liability for damages caused by shared car traffic accidents.The first chapter first introduces the writing background,research significance,etc.,and sorts out and summarizes the relevant theoretical research at home and abroad,paving theway for our country to share the research on the liability for damages caused by automobile traffic accidents.The second chapter mainly introduces the related contents of shared car traffic accidents.Starting from the concept of shared car,it summarizes the causes and characteristics of shared car traffic accidents in China,and analyzes the legal relationship among the owners,users and victims of shared car traffic accidents.The third chapter mainly introduces the current legal situation and theoretical research situation of the liability for damages caused by shared car traffic accidents in China,analyzes the subject of liability and the application of the principle of liability fixation,and puts forward the problems existing in the liability for damages caused by shared car traffic accidents in China.The fourth chapter mainly introduces the current situation of foreign countries about sharing the liability for damages caused by automobile traffic accidents,and compares it with our country,from which we can get enlightenment for our country.The fifth chapter mainly introduces the perfection of China's shared liability for damages caused by automobile traffic accidents,and puts forward relevant suggestions respectively from the aspects of strengthening special legal amendments,clarifying the responsible subjects,strengthening the supervision of operation platforms,and giving full play to the functions of insurance and social security mechanisms.