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Research On Platform Compensation Liability In Traffic Accidents Of Online Private Cars

Posted on:2020-06-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2436330596984649Subject:Law
Abstract/Summary:PDF Full Text Request
With the acceleration of city and network development,the new concept of ride-hailing appears in the public view.Then came the birth of ride-hailing platforms.Although the rapid development of ride-hailing has effectively alleviated the difficulty of taking a taxi,it has indeed made people's life convenient and quick.However,the emergence of ride-hailing has indeed caused many problems in real life,such as the legal relationship between the platform and drivers,the compensation problem of the platform,and how to claim from insurance companies.In addition,in the judicial practice,according to the author's search on the judgment document network,there are a large number of different judgment results of the same case in a series of cases concerning the platform compensation in the traffic accident of ride-hailing.Therefore,the author thinks that it seems difficult to find a unified standard to identify and classify this series of problems.Various theories and theories about ride-hailing traffic accidents in academia are also different.Therefore,this paper mainly USES case analysis method to analyze and discuss a series of legal problems caused by online private car accidents.This paper is divided into five parts: introduction;Basic information of the case;The legal theory analysis of the dispute focus of the case;Conclusion and enlightenment of case study;The epilogue.The first part is the introduction.In this part,the author mainly describes the research background and significance of the topic,the current research status of this issue at home and abroad,and the research methods used in writing this paper.The second part introduces the basic situation of the case.In this part,the author will from three wide about car traffic accident responsibility dispute-"Beijing first up about car traffic accident responsibility dispute","Du Mou some and van so-and-so,Hu Mou due to motor vehicle traffic accident liability" and "Liu Moumou,Cui Mou and punishment of a traffic accident responsibility dispute",this paper generalizes the first for the case,then sums up the verdict,on this basis,analyze the differences on three court and refine the case of disputes,finally summarized.The third part is the legal analysis of the focus of the case.In this part,the author of the doctrine of academia at present,several mainstream research,combined with the case,from the Angle of legal dispute focus of case analysis,specification,on the net about car platform and network about the legal relationship between car drivers,network about car platform of the liability for compensation and insurance claims issues related to conduct a comprehensive and in-depth analysis.The fourth part is the conclusion and thinking.In this part,under the existing legal framework in China,the author summarizes and analyzes the legal obstacles encountered in the application of the platform compensation in the traffic accidents caused by ride-hailing in China's specific situations according to the analysis in the third part and the combination with the case in this paper.The focus of this paper is the author combined with the current popular several theories,put forward their own views on the legal relationship between ride-hailing platforms and drivers.
Keywords/Search Tags:Online car-hailing, Ride-hailing platform, Traffic accident, Legal relationship
PDF Full Text Request
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