Research Of The Legal Liability For Infringement Of Network Carpooling

Since its inception,the Network carpooling has been sought after by urban residents,especially young people,with its advantages of high efficiency,strong mobility and convenience.In the guidance of the general office of the State Council on deepening reform and promoting the healthy development of the taxi industry issued on July 26,2016,the general Office of the State Council also affirmed that the windmill can alleviate traffic congestion and reduce environmental pollution The value of.However,contrary to the rapid development of windmill,there is a serious lag and lack in the norms of windmill.Once the infringement occurs,the injured party is difficult to get effective legal relief.Different from the traditional windmill,the online windmill has the characteristics of both commercial and public welfare,which is more complicated in the legal relationship between the subjects and the determination of tort liability.Therefore,it is more important to clarify such issues in the development of online windmill and the relief after the occurrence of infringement.However,there are still laws among the subjects no matter in theoretical research or judicial practice The legal relationship is not clear,the responsibility is not clear and so on.This paper analyzes,summarizes and summarizes the actual development,legal dilemma,legal relationship between the main three parties in the event of online car hailing,that is,the ride in person,the ride in platform and the ride in person,and the legal relationship between the three parties and the determination of civil liability,so as to clarify that the legal relationship between the online car Hailing platform,the ride in person and the ride in person should be the safety guarantee relationship,The relationship between the owner and the passenger is a civil contract.And on the basis of clear legal relationship,it is concluded that the main body of the windmill should apply the "fault liability principle".Finally,on the basis of analysis and research,this paper puts forward suggestions for the specifications of the tailwind platform,car owners and co riders.It is mainly to clarify the legal status and liability principle of the ride platform,the duty of care of the platform,and to establish and improve the information mutual evaluation mechanism between the owner and the ride.