Legal Analysis Of Compensary Carsharing

In recent years, as with our economic power and comprehensive national strength enhancing steadily, people's material living standards have markedly improved, the changes in travel mode is one of the important performances. So when the number of public vehicles stays still, the scale of private cars is increasing sharply. As a result, China's urban environment is facing severe challenges, such as the overuse of traffic resources and infrastructures, the mass of traffic orders, the protection of environmental and the energy consumption. Because of the great population, China's urban population density always lies in the forefront of the world. So it's significant to reduce the number of cars in use. Against the above problems, citizens find a convenient and effective solution with their own wisdom which is named compensatory carsharing, a newly traffic mode. However, as being short of relevant laws and the development of illegal operating transports, the validity of compensatory carsharing is doubted by the administrative departments. People are divided in opinion at this point. For a long time, their have been no clear conclusions.This paper starts with the definition of compensatory carsharing. This kind of carsharing is non-profit. The majority of the citizens and experts hold a positive view about this traffic mode, while most of the transportation managements are likely to be conservative. Compensatory carsharing is always regarded as illegal and prohibited by governments. This paper expounds the rationality of compensatory carsharing by comparing with non-compensatory carsharing. There's no real cause-and-effect relationship between those social problems and carsharing. However, the value of compensatory carsharing is in line with public accepted standards. According to existing laws and regulations, there are differences between compensatory carsharing and operating transports. As a conclusion, compensatory carsharing should not be punished by law. The agreement between the two sides of carsharing gets all elements of a civil contract, so it is a private contractual arrangement and public power should not intervene. Finally, this paper gives some recommendations on government supervision. As administrative departments possess of abundant information, it's viable for them to make use of administrative guidance. Our government could learn from successful experiences at home and abroad. At the same time, to reduce the costs of administrative measures is also important, so it's necessary to avoid administrative control.