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Takeaway Rider's Responsibility For Traffic Accidents

Posted on:2020-05-15Degree:MasterType:Thesis
Country:ChinaCandidate:J HanFull Text:PDF
GTID:2416330575990690Subject:Law
Abstract/Summary:PDF Full Text Request
With the rapid development of the "Internet +" economic era,the form of labor employment has become diversified,and the network employment has rapidly emerged in the fields of network car and take-out network.When new things are growing,they will inevitably bring about some new social problems.In recent years,due to the neglect of management of the take-out network platform and excessive pursuit of speed and efficiency,there have been more and more traffic accidents caused by take-out riders.Due to the lack of clear and specific legal provisions after the accident,the take-off rider has a traffic accident and the victim It is difficult for the rider's own rights to be resolved through legal channels,and thus the legitimate rights and interests of the takeaway rider and the victim cannot be better protected.The take-out platform network employment model as a new product in the era of Internet economy has its own complexity.The different types of existence between the platform and the take-away rider make the practice and academic circles define how to define the take-out network platform and take-out.The relationship between the riders is different,and this is not only a solution to the problem of employment disputes between the take-away network platform and the take-away rider,but also affects the responsibility of the third-party liability,that is,the main body responsible for the traffic accident.Identify the problem and the insurance company's insurance claims.This paper analyzes and discusses the above problems in combination with four typical cases i n practice.In order to further explore the commitment and distribution of traffic accidents caused by takeaway riders,the author expounds the relevant knowledge background in the field in question,in order to pave the way for the specific analysis and problem solving below,including the definition of net employment and takeaway riders.And development characteristics;the type of take-away rider;analysis of the legal status of the take-away rider.The article focuses on the definition of the relationsh ip between the take-out network platform and the take-away rider in different situations and the specific subject of responsibility by analyzing the views and disputes of different types of employment relations.In this paper,the author uses the combinati on of case and theory to conduct an in-depth discussion on the responsibility of the driver for traffic accidents,mainly through the presentation of the case,analysis and summary of the focus of the case to bring out the legal problems in the field..Based on the principle of fairness and efficiency,the author carefully divides the employment relationship between the take-away network platform and the take-away rider according to the attribute standard,and expounds the rights and obligations of the par ties under various relationships.Finally,on the basis of the above analysis and argumentation of the above problems,put forward suggestions for solving the relevant problems in the field,such as strengthening the social governance of the platform for the sale of the network,strengthening the construction of the platform for the sale of the network and providing training for the safety awareness of the seller.Work,etc.,in the era of rapid development of the "Internet +" economy,it is necessary to constantly improve the legal system involved in the new labor relations,clarify the criteria for the identification of labor relations under the new situation,and effectively protect the legitimate rights and interests of takeaway riders and third parties.In order to stop the dispute,maintain social stability,and promote the development of new industries.
Keywords/Search Tags:Takeaway rider, Traffic accident, Subject identification, Take responsibility
PDF Full Text Request
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