Studies Of Civil Legal Issues Of Private Carpool

With the rapid growth of economic, people’s material life has been greatly enriched, Chinese private car ownership has continued to increase, but with the coming of traffic congestion, environmental pollution,energy shortages and other problems are intensified. Private vehicles carpooling as an effective way to solve these problems into people’s lives. On the one hand the strong demand for private vehicles carpooling, while management fees are standard across the board in the management of their own private vehicles and carpooling irregular problems brought these two aspects of the problem is a big contradiction private vehicle carpool now exist in the field.Private vehicles carpooling into free and paid in two ways. Carpooling is a gratuitous acts of kindness, which is a strong proponent of the community, while the legal relationship is relatively simple; paper mainly discusses private vehicles paid to fight, it is different from the nature of the operation of a taxi ride, but is different from the "black car illegal operations", mainly because it does not have operations, non-profit purposes. From the main problems of the private vehicle carpool development course and facing the view, difficult to find, the main crux of restricting our private vehicle carpool development is the rapid expansion of the law was so vague qualitative behavior of the system carpool risk, highly realistic utility private vehicles carpooling can only walk in our legal "gray zone", and can easily be incorporated into a "black zone" to combat. By analyzing the implications of the legal relationship of its discovery, the private vehicle is neither a commission paid carpool contractual relationship, nor is it an ordinary partnership, but a nameless contractual relationship. Behavior in the carpool, the driver and passengers of each share common interests, not only have rights, but also bear different obligations. When the driver fails to perform in accordance with the agreement (or completely fulfilled), should be in accordance with the principle of liability without fault and liable for breach of imputation.Carpool to the detriment of the problem is also troubled by the development of a large carpool ills. On the allocation of responsibilities, to the detriment of the body is different, responsibility is also slightly different. Free fight under the car, the driver was only liable in the case of a serious fault; paid carpooling, taking into account their nonprofit under the premise of fault principle, to some extent, still it seems fair to tilt the driver, for the driver and passengers in certain cases, there is the problem of liability waiver. On insurance issues existing strong insurance covers the driver and passengers unable, therefore, vote third party liability insurance and vehicle liability insurance is necessary.