| Taxi is an integral part of public transport system.But there are many problems in the whole country,such as the difficulty of taxi-hailing and the problem of expensive taxi-hailing.The conflict between taxi and passenger is one after another,has provided a lot of space for the rapid development of new online car-hailing.In recent years,with the development of "Internet+" and mega data technology,the emergence of online car-hailing has greatly improved the travel efficiency,enriched the public travel mode,and also brought great impact to the traditional taxi industry.On the legal issues related to the operation of online car-hailing,academic circles have analyzed and discussed from different angles.Some scholars demonstrate from the administrative supervision of online car-hailing,and some scholars analyze the contract liability of the online car-hailing platform,but the research on the tort liability of online car-hailing is not enough.The recent frequent online car-hailing incidents have aroused a high degree of public concern.the key to the problem is to identify the subject of the online car-hailing tort liability,the current policy has confirmed the legal status of the online car-hailing platform as a carrier,but the online car-hailing platform has introduced a variety of business models for the public to choose,if all are identified as the carrier lacks rationality.The online car-hailing has a variety of operating modes,diverse subjects,and complex legal relationship,many factors affect the accurate identification of the subject of infringement,The online car-hailing tort liability is undertake by the platform or by other subjects or even by the multiple subject,these problems need to be further study and analysis in detail.Therefore,this paper adopts a variety of methods such as collecting,sorting,analyzing and practicing research on the literature and cases,carried out research on the identification of the subject of online car-hailing tort liability through five parts.The first chapter is the introduction,which introduces the background of this research,the status quo of the research on the subject of online car-hailing tort liability,the significance of the research and the research methods of this paper,and summarizes the innovation and deficiency of the article.The second chapter is the summary of the subject of the online car-hailing tort liability,which is divided into the summary of the related theories and the summary of type,and proposes the legal status of the online car-hailing platform,the legal relationship between the platform and other subjects,and the different types of tort will affect the judgment of the responsible subject.the subject of the online car-hailing tort liability.The definition,operation mode and characteristics of online car-hailing are introduced in the overview of online car-hailing theory.It is clear that the online car-hailing referred to in this article is generalized.The summary of the subject of the online car-hailing tort liability includes the definition andThe third chapter is the analysis of the legal status and the legal relationship between the subject of the online car-hailing platform.Firstly,this paper analyzes the legal status of the online car-hailing platform,introduces different theoretical points of view,and the existing operating mode is typed according to the different sources of vehicles and drivers,and the characteristics of each model are combined to distinguish the legal status of the platforms under the various models.Then,on the basis of clarifying the status of the online car-hailing platform,further analyze the legal relationship between the online car-hailing subject under different modes,and lay the foundation for the identification of the subject of tort liability.The fourth chapter is the judge the subject of online car-hailing tort liability.First of all,it is clear that the significance of judge the subject of online car-hailing tort liability is to help to accurately identify the responsibility,to protect the rights and interests of the infringed person,achieve the balance of interests among the subjects at the same time.Then judge the responsible subjects in different types of tort according to the legal relationship under different modes analyzed in the previous part of the article,put forward that in the identification of the subject of tort liability,it is necessary to combine the legal relations under different modes and the nature of different tort acts,make a comprehensive judgment based on the relevant legal system of tort liability.Finally,in view of the problems existing about judge the subject of tort liability,it is proposed to combine the different business modes of the online car-hailing in the practice,to clarify the status of the platform,the legal subject and the legal relationship,and at the same time to construct the online car-hailing legislation system that accommodates the hitching a ride mode.The fifth chapter is the conclusion part,has made the summary to the full text briefly. |
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