Study On Legal Issues Of Online Car-hailing Under C2C Mode

With the rapid development of the "Internet+sharing economy" industry model,online car-hailing,as a new mode of carrying passengers,develops rapidly,but it also brings a series of problems.At present about the legal regulating of the net around the car is in its infancy,industry standard is not yet perfect,the lack of the lag of legislation and regulatory hindered the further development of network around the car.At present,in the aspect of administrative law research on network about the car is more,Chinese scholars have network problems such as administrative regulation,administrative measures about car published many articles,in the field of civil law,research focus is mainly about car the contract relationship between different subjects and copyright infringement,but should realize network about car have different operating mode,in the theoretical research and practical operation should be considered.In this paper,by combing relevant cases in practice,the paper mainly starts from the legal status of online car-hailing platforms and the legal relationship among online car-hailing platforms,private car drivers and passengers under the C2C operation mode,aiming to clarify the liability for damages of online car-hailing under the C2C mode.This paper mainly includes the following four partsIn the first part,two related cases are first introduced.Through sorting out typical cases,the focus of disputes in cases and relevant problems in practice are summarized.The second part,through to the current network platform the legal status of the different views about car analysis discussion,evaluation of the carrier says,the broker said,and information sharing platform and the theoretical basis of the unreasonable place,in order to determine the C2C pattern net around car platform should distinguish between operating model,discuss the legal status,express mode about car net platform shall bear the liability of the carrier,lift mode about car net platform as pure information providers is relatively appropriate.The third part,the C2C mode about car net platform,the legal relationships between and among private car driver and the passengers were analyzed,and puts forward his own point of view,the express mode net between the private car driver and car platform is about information service contract and the contract legal relationship,between the platform and passengers about car is passenger transportation contract legal relationship,has no direct legal relationship between private car drivers and passengers.On the other hand,there is a contractual legal relationship between private car drivers and passengers in downwind mode,and there is a quasi-operational contractual legal relationship between private car drivers and passengers.The fourth part focuses on the C2C model under the network car rental liability for damages.