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On The Liability Of Infringement Of Traffic Accidents On Behalf Of The Internet

Posted on:2018-09-22Degree:MasterType:Thesis
Country:ChinaCandidate:X YangFull Text:PDF
GTID:2356330518985402Subject:Law
Abstract/Summary:PDF Full Text Request
Internet platform into the driving industry,the formation of a new business model-network on behalf of the drive.With the explosive growth of the business volume,the number of related traffic accidents has risen rapidly year by year.However,due to the lack of clear legal provisions,there are many disputes in the practice of infringement of the traffic accident.This article believes that the network on behalf of the traffic accident infringement liability,refers to the network on behalf of the vehicle on the road in the process of driving,the fault or accidentally caused the victim's personal injury or property damage,by the network on behalf of the vehicle on behalf of the party should bear Tort liability for infringement.Therefore,it applies the principle of liability for motor vehicle traffic accident liability,that is,with the motor vehicle traffic accident liability,and non-motor vehicles,pedestrians traffic accidents apply without fault liability.Its constituent elements were caused by another person on behalf of the vehicle damage,the driver is the network on behalf of the driver,the damage is caused by the transfer service and motor vehicle traffic accidents should be faulty.The criteria for determining the main body of the traffic accident are "run control" + "operating interest",but the specific judgment is also affected by the nature of the contract and the nature of the network.The nature of the contract is the contract of employment contract,the nature of the network platform employment relationship for the employment relationship.The main body of responsibility for traffic accidents is network platform.Network on behalf of the generation of traffic accidents on the responsibility of the rules,the insurance company first in accordance with the liability insurance,the remaining part of the platform by the network to be paid,the platform can be compensated after the relevant compensation.
Keywords/Search Tags:Accidents, Damages, Designated driving
PDF Full Text Request
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