Research On Legal Issues Of App-based Ride-hailing Operation Service Under The Perspective Of Insurance Law

In recent years,the rapid development of app-based ride-hailing operation service has become one of the indispensable ways for people to travel.However,the convenience of app-based ride-hailing operation service has also caused a lot of insurance legal issues.The most prominent point is that the current motor vehicle insurance system cannot meet the insurance needs for new risks of app-based ridehailing operation service,leading to traffic accidents.The damage can't be effectively compensated and dispersed through the insurance system,especially the private appbased ride-hailing operation service under the P2 P model.Nowadays,the contradiction between the risk transfer needs of app-based ride-hailing operation service and the existing app-based ride-hailing operation service insurance protection has become one of the main factors restricting the development of the app-based ride-hailing operation service market.This article first analyzes the concept,category,and classification of app-based ride-hailing operation service,and points out that traditional taxis and hitchhiking are not classified as app-based ride-hailing operation service,and that app-based ridehailing operation service(mainly chauffeur-driven car-on-demand service)in the B2 C model basically have no insurance legal issues.The research scope is limited to the appbased ride-hailing operation service under the P2 P model,which mainly points to the "private car + private car owner" model.Compared with traditional operating vehicles,the risk characteristics of app-based ride-hailing operation service are mainly in four aspects: one is the high probability of traffic accidents,the other is the intersection of private risks and public risks,the third is that the risks are staged,and the fourth is that the risks occur individual differences are obvious.The current regulatory system's requirements for app-based ride-hailing operation service insurance are vague,broad,and lack the practical functions of operating guidelines,which has led to attempts to uniformly insure the platform and advance payment.Due to the new type of risk characteristics of app-based ride-hailing operation service,and the fact that they are different from traditional taxi insurance in terms of insurance types,payment of premiums,insurance entities,insurance risks faced,and claims settlement results,appbased ride-hailing operation service can't simply apply traditional operations car insurance.The current insurance legal problems faced by app-based ride-hailing operation service are mainly in the following aspects: First is the insufficient supply of insurance laws and regulations,which is mainly reflected in the lack of insurance entry thresholds,Unspecified minimum insurance coverage,the lack of adequate insurance protection of relevant entities,and mismatch between current regulations and risk characteristics of app-based ride-hailing operation service causes insurance gaps.The second is the practical dilemma,which is mainly manifested by the unreasonable insurance types and premium pricing models,the limitations of unified platform insurance and advance payment,the increased risk of insurance companies caused by the phenomenon of fraudulent insurance,and compulsory motor vehicle liability insurance can't provide adequate protection.The third is weak supervision,which is mainly manifested in the lack of legal liability for app-based ride-hailing operation insurance compliance and the absence of insurance supervision..This article also examines the extranet app-based ride-hailing operation service,insurance system and practical innovations.Due to the different attitudes of regulatory agencies in other countries on whether app-based ride-hailing operation service is legal,the main choice is that the app-based ride-hailing operation service has obtained legal status and the relevant insurance system is relatively complete.The United Kingdom and the United States are the objects of comparative research,and they are introduced in detail the online car insurance system in the London area of the United Kingdom and the US states including California.In addition,this article pays particular attention to relevant practical innovations in the US app-based ride-hailing operation service and insurance industries.The analysis found that the UK and the US app-based ride-hailing operation service insurance systems can be used for reference in four aspects: first,the establishment of a compulsory insurance access system,and the flexibility of policyholders;second,divide different periods to determine the type of insurance and the minimum amount of insurance;The third is to change the auto insurance pricing model,trying to change from "pricing by car" to " pricing by people",and the fourth is to diversify the legislation and the notification obligation of the app-based ride-hailing operation service platform company.Aiming at the various legal problems of app-based ride-hailing operation service under the valve of insurance law,based on the analysis of the problems faced by China's app-based ride-hailing operation service insurance system,combined with the beneficial inspiration of extranet app-based ride-hailing operation service insurance,this paper proposes to solve China`s problem from the following aspects: The first is the remodeling and innovation at the conceptual level.The key is to update the insurance thinking.It is necessary to establish an insurance legal concept that encourages compatibility,joint participation and multiple collaborations.Second is the improvement of the institutional level,which is mainly divided into three aspects.First is to establish an app-based ride-hailing operation service platform and vehicle insurance access system.The second is to divide the insurance period and set the minimum coverage and liability requirements.The third is the flexible arrangement of the policyholder and the premium burden.Furthermore,innovating on a practical level.First,the pricing model needs to be changed from traditional pricing by car to a more scientific and reasonable pricing by “ people + use ”,while emphasizing the principle of balance of consideration in insurance law,followed by innovation in insurance and introduction of the UBI insurance.Finally,optimization at the regulatory level It mainly refers to clarify the legal responsibilities of insurance compliance and to clarify the main body of insurance supervision and its supervision duties.