| In May 2010,“Yidao Yongche”,the first online ride-hailing service platform of China was established in Beijing.In August and September of 2012,“Kuaidi Dache”and “Didi Dache” were launched in Hangzhou and Beijing.With its high efficiency,excellent service,fast and convenient and many other advantages,online ride-hailing service platform start to prevail in China.Within a few years,more and more companies have joined the army of the online ride-hailing service industry.They are well-known to the public such as the Shenzhou Zhuanche and the Shouqi Zhuanche.Meituan has also recently crossed the border and joined into the online ride-hailing service market.The emergence of online ride-hailing service,which is a representative of the shared economy,satisfies the travel needs of passengers,and provides convenient and high-quality travel methods,and optimizes the utilization of social resources.It is an effective use of vehicles and road resources.It is conducive to easing urban traffic pressure and reducing the waste of social resources.But at the same time,the legal relationship between the main body of online ride-hailing service is not clear and the subject of legal responsibility is not clear,and there are many problems of protecting the rights and interests of the legal subject of the online ride-hailing service.This paper will analyze and study the legal relations between the various subjects under each model of the online ride-hailing service and put forward my own views.This paper consists of two parts,the text and the conclusion,the full text is more than 30,000 words.The text consists of chapters I to IV.The first chapter mainly introduces the development and definition of the online ride-hailing service,and classifies the operation mode of the online ride-hailing service.At the same time,three cases reflect the blank of current legal provisions on the legal relations between the various parties of the online ride-hailing service.The second chapter to the fourth chapter mainly focuses on the different operating modes of the online ride-hailing service,and discusses the nature of legal relations andrights and obligations between the various subjects.The conclusion mainly reaffirms the original intention of the author to write this paper,and expects that relevant laws and regulations or judicial explanations can be issued as soon as possible to solve the difficult dilemma of chasing responsibility under the model of the car contract. |
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