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Analysis On The Legal Issues Of The Electronic Contract Of Online Taxi Booking

Posted on:2019-11-07Degree:MasterType:Thesis
Country:ChinaCandidate:J WangFull Text:PDF
GTID:2436330566483903Subject:Civil and Commercial Law
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With the development of the network,the network business has become more and more frequent in the real life of our country.After the online shopping has become common,the network reservation taxi(hereinafter referred to as "the net about the car")has gradually become an essential part of people's daily life.Although the Interim Measures for the management of the operation and service of network booking taxis started in November 1,2016,the legal problems involved in the network reservation contract have been regulated,but some problems have not been properly solved.In this paper,we discuss and analyze the legal issues related to the electronic contract of the Internet contract car in detail,and finally put forward some suggestions.The first part is the theoretical basis of the electronic contract of Internet contract car.The electronic contract has the characteristics of the virtual environment of the contract environment,the uncertainty of the transaction subject,the form and carrier of the contract,and the rapidity of the information transmission speed.The electronic contract has the characteristics of the traditional electronic contract,but also has its own unique characteristics.For example,the time of the electronic contract is different from the traditional electronic contract and the non virtuality of the parties.The second part introduces and discusses the legislative status of Internet related cars in the US,France and Japan.In this part,we analyze the different legislative attitudes of these countries and the reasons for this attitude.For example,the Japanese legislation prohibiting the net about the car has its historical roots and political reasons:the historical reason is the thought that the Japanese people are deeply ingrained in the private car consumption,and the political factors are the uneven distribution of interests between the different parties and the interest groups.From the inspiration from foreign legislation,we can learn the fine management of the US and establish "network transportation company".At the same time,the Interim Regulations on the management of network booking taxi service are discussed at the same time.Althoughthe provisions of this provision in detail stipulate the conditions for the operation of the network,the author feels that the amount of the fine for the operation of the net about the car should be punished according to the specific illegal situation and classification and classification.The third part analyzes the typical problems in the process of the establishment of China's Internet contract electronic contract and the electronic contract of net car error.This part mainly discusses the evaluation of the credibility of the contracting parties in the electronic contract of the network and the question of when the offer and the promise in the network are effective,as well as the relief measures that the consumers can take when they are violated in the process of using the network.In the process of using a network of vehicles,the author believes that the consumer rights and interests protection law should be applied to protect the legitimate rights and interests of consumers or the provisions of major misunderstandings to revoke the error electronic contract.In the fourth part,in view of the problems raised in the third part,it is suggested to learn from the experience of the traffic network company in his country and to combine the facts of our country to achieve fine management,and to make clear the qualifications of the contracting parties and clear the responsibilities of the parties,and to create a new type of contract for the network vehicle platform and the network of the drivers.It should also clearly stipulate the start and end time of electronic contract of net contract to protect consumers' legitimate rights and interests.
Keywords/Search Tags:Net contract vehicle electronic contract, Contracting party, Offer withdrawal, Commitment, Wrong electronic contract
PDF Full Text Request
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