A Study On The Legal Problems Of Carpooling In China

In recent years,with the rapid growth of China's economy,the people's living standards have also been improved,the number of private cars has increased,the major cities have become "blocking city",environmental pollution,waste of resources and other issues also become more serious,Private car "carpooling" as an effective way came into being.Private car "carpooling" as a new way of travel,with a strong flexibility,such as low prices,resource conservation,environmental protection,giving people a more comfortable experience of travel,widely favored by the community.At the same time,there are many problems restricting the "carpooling" market development,our private car carpool legal system is imperfect,such as its legal nature is not clear,the parties have no provisions on the rights and obligations,so that the number of disputes in the process of carpooling is increasing;for the insurance aspects,China's insurance law does not use the private car to join the range of compensation,resulting in the accident can not be timely and effective compensation;In the law enforcement process,law enforcement agencies may be out of the law to make the law enforcement convenience,examples of "carpooling" as illegal operations are everywhere,This simple way of defining,so many innocent people were hit;since there is no clear legal provisions,the problem of the injury of the allocation of responsibility,the results of real jurisprudence are different has aroused widespread concern from all walks of life.Specifically,in addition to the introduction and conclusion,this article is divided into five chapters: the first chapter mainly about the basic concept of research,including the concept and classification and characteristics of private carpooling;the second chapter put forward my own understanding of the carpooling and analyzed the validity of the contract effect of paid carpooling on the basis of the analysis of several different views on the legal nature of paid carpooling in the theoretical circle;the third chapter,through the study of the current legal provisions of China's paid carpooling,this paper points out that there are some problems and legal risks in the carpooling of our country,and it is concluded that the legalization of private cars in China has become an inevitable trend.In the fourth chapter through the comparative study of the present situation of domestic and international carpooling,the reasons for the existence of the gap are found out,and the significance of the legislation of foreign carpooling is given;In the fifth chapter,after the study of the above aspects,the author puts forward some suggestions on perfecting the legal system of carpooling in China.The real significance of the existence of the carpooling to determine the legalization of the carpool is inevitable,and now for the status quo of China's private carpooling fight to establish a standard carpooling system is imminent.