Deconstruction Of Legal Relations In Car-Sharing Operation And Its Regulation Path Research

Property along with the development of information technology and mobile Internet,using the breakthrough,the owner will property is the breakthrough in a single physical form,the content of the usufructuary right is govern use value of the subject matter,some traditional industry through information networks or start the revolution,or by means of information network platform companies subverts the traditional operation mode,in the case of car sharing and leasing operations,Are two with the aid of information network of business model,and the development of information technology to a higher value of chattel is identifiable,automobile use dominant similar to the real right,the contract is the legal relationship of debt,is the right of claim,on the one hand,the deposit is of creditor’s rights guarantee,seem to also accord with the characteristics of the movable property pledge,but whether the possession of the deposit as all,These are relatively controversial legal relations.This paper mainly searches relevant legal provisions without litigation and registers relevant clients to understand the use method by referring to and thinking about relevant books such as property law theory,debt law theory and information technology.From the Shared cars run in the relationship between car ownership and use,sharing the ownership and utilization of operating in the deposit relationship,based on personal property set usufructuary right,put forward the construction of modern property rights system,is the equality of the ownership and use of,ownership is the property ownership,usufructuary right is the use of content,and combining the personal property usufructuary right of vehicle and the deposit.The first chapter mainly introduces the writing background and research significance,combs and summarizes the relevant theories at home and abroad,and lays a foundation for the construction of modern real right system research.The second chapter mainly introduces the comparison between the operation of car sharing and rental,analyzes the basic principles of the operation of car sharing and the comparison between the operation of car sharing and rental,and then concludes that the two are the different business models in the development of information technology,and analyzes the legal relationship between contract and custody.The third chapter mainly introduces the ownership and utilization of vehicles in the operation of shared cars,the ownership and utilization of deposits in the operation of shared cars,and then concludes that due to the contractual debt,the use of vehicles and deposits has property right characteristics,which is a controversial point.The fourth chapter mainly introduces the deficiencies of automobile leasing or custody regulation,including the practical dilemma of creditor’s rights regulation and the legal dilemma of the existing real right regulation.The construction of modern real right system and its effective regulation on the legal relationship of car sharing.By analyzing the new changes of property relations in modern society and the new development of China’s usufructuary right system,Analysis of modern property rights system has multiple breakthrough as chattel can tag,strict breakthrough,debt law and property law provisions of the real right legal existence must be crossed,analysis the content of modern property rights system,such as there were no changes in ownership,changes is the concept and content of usufructuary right,real right analysis to the rules of modern property rights system of sharing cars,This chapter from the reality of the dilemma,legal ideas,legal system content,practical problems to solve the period of China’s real right system to provide theoretical ideas.