Online Private Car Traffic Accident Compensation Liability Law Studies

Online private car is the combination of Internet and private cars unique network about car model,the leading travel trend also leads to many traffic accidents tort liability disputes,with the development of Online private car market diversification,the traffic accident compensation liability problem becomes more complicated.By querying the relevant legal provisions,discovered our country existing basic provisions on the motor vehicle traffic accident liability is as follows: "law of road traffic safety","civil liability to pay compensation(draft)" and "insurance law",etc.Online private car,as a special motor vehicle form,which in the case of traffic accident in addition to follow the basic principles of conventional vehicle traffic accident tort disputes also should follow the "interim measures" and "service specification" and so on the net about the vehicle traffic accident compensation liability of the special provisions.Although there are formal regulations was carried out on the web about vehicle traffic accident liability to pay compensation regulation,but the network part of the case found by combing the written judgment,due to the defects of the existing legislation,result in court in connection with different exist in the judicial practice of judicial chaos.Whether in the applicable law or in academic study,since the net about car came after a lot of legal disputes,including online private car traffic accident compensation problems become the focus of attentionin recent years,it also include the online private car platform of liability,net car platform and drivers liability division and network about the liability insurance system for private cars,three controversial problems.Network as a new format,about private cars in China is not fully mature before the law,should be properly learn from foreign advanced experience and combined with its own national conditions to explore the suitable for their own perfect legal norms.Britain and the United States about the car insurance through the network implementation phases against rules to refine the platform and the driver's liability to pay compensation approach can effectively solve the insurance contradiction between driver and platform,reasonable distribution of the liability,this practice has certain rationality,is worth reference;At the same time,British and American drivers through registration does platform operating time,wage and strictly control the factors,such as to determine the relationship between the platform and the driver of the method also has certain rationality.Based on this,the legislation of our country should be the following points to improve,the first response to the net of the legal responsibility of private car platform about redefined,the Internet form is not the same as ordinary motor vehicle on its special properties of the formats of liability of the carrier,the carrier to sea with analog system,establish the network about car platform shall bear the "special carrier responsibility";Second,about car platform and network driver is the essence of the traffic accident liability to pay compensation to the driver and the platform the legal relationship of comb,binary operation said inforeign countries as a reference,on the basis of the net clear about private car owners and platform between employment relationship established,calculated the platform shall assume tort damages for the driver of the vicarious liability of conclusion,at the same time,if the driver is gross negligence or willful platform to have salved.In addition,because of the "insurance law" to prevent "significantly increased risk" provisions in article 52 understand ambiguity and bring the judicial referee,using the importance,sustainable and estimate three factors perfecting its not defined criteria;Countries at the same time learn good legislative rules in the "interim measures" to increase on the net about the regulation of private car insurance system,and the use of UBI car insurance fair that share platform and the driver of the insured,insurance rules set points.Through the multiple paths for net about private car traffic accident compensation liability of the legislation defects,has a guiding role on the benign development of the online private cars.