Research On Infringement Of Network Express

Since the development of the network hire business,the traditional taxi market has been constantly impacted,and the legal rules of the traditional passenger transport contract have also been impacted.With the increasing market share of the network car,the judicial deadlock of the network car traffic accident infringement cases is becoming more and more obvious.In order to protect the rights of the victims in traffic accidents and maintain the healthy development of the network car hire business,this paper focuses on the main body of the network car hire traffic accident tort liability identification,liability form are discussed.The full text is divided into four parts,a total of more than forty thousand words.The first part is an overview of the network express.This part mainly introduces the concept of network express,emphasizes that network express is only one kind of network express service,and compares network express with traditional taxi,so as to highlight the difference between network express and traditional taxi.Lead to the main body of the article discussion,focusing on the network about express.The second part is the subject of tort liability of the network about Express.This part divides the tort behavior of the network about car into two kinds,which are the tort of traffic accident and the personal behavior infringement of network about Express vehicle,and probes into the subject of two kinds of tort liability.The main path is: By analyzing the legal status of the network about car platform in the business model of the network about express train,taking the legal relationship between the network about vehicle platform and the network about fast-train drivers as the basis,this paper defines the subject of tort liability of the network about express train.The following conclusions are drawn: in the tort of traffic accident and personal behavior of the driver of the professional Express,the tort liability should be borne by the network vehicle platform;In the tort of traffic accident of the part-time express driver,it shall be jointly undertaken by the network vehicle platform and the part-time express driver to undertake tort liability,should be responsible for tort liability by thenetwork about vehicle platform.The third part explores the form of tort liability of the network about Express.This part based on the different legal relations between the full-time express driver and the part-time express driver and the network vehicle platform,analyzes the tort liability form of the two,and concludes that:In the traffic accident infringement,the full-time express driver should be replaced by the network about the car platform,part-time express driver in traffic accident infringement,should be based on the part-time express driver’s receipt of the form,specifically from the network platform to assume the replacement of responsibility or one-way joint and several liability;the driver of a full-time express in the infringement of personal behavior,Should be the network about the car platform to assume the responsibility of the employer,part-time Express driver in the personal behavior infringement,should be from the network about the car platform to bear the responsibility of the first payment without fault.The fourth part is the idea of solving the tort problem of the network.This part,on the basis of clarifying the legal relationship of the network about Express and completing the construction of the tort liability compensation rules of the network about Express,put forward to solve the problem of network about the infringement of the concept of vehicle,in addition to strengthening the special legislation of the network,but also should strengthen the industry self-discipline and open up the network about car-related commercial insurance exploration.