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Research On The Tort Of Ride-hailing Platform

Posted on:2021-02-03Degree:MasterType:Thesis
Country:ChinaCandidate:Q ZhangFull Text:PDF
GTID:2416330623970784Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The rise of ride-hailing platform provides a more convenient way for people to travel,among which the ride-hailing business of ride-hailing platform caters to the development mode of sharing idea and puts forward the concept of shared travel.Net ride sharing not only has outstanding performance in realizing travel sharing and sharing travel cost,but also has a positive effect on protecting environment and alleviating traffic congestion.However,as a new thing,the net ride is like a double-edged sword,which brings convenience as well as problems.Since its emergence,the safety problem of the ride-hailing network has been accompanied by it and has been widely closed by the society Note.This paper analyzes the relationship between ride-hailing driver and ride-hailing platform and ride-hailing passenger,and then analyzes the legal status of ride-hailing platform under ride-hailing mode in combination with article 37 of torts,in order to clarify the legal status of ride-hailing platform.Make clear the responsibility to bear the problem in the case of net ride infringement.First of all,this paper defines the related concepts of ride-hailing,and analyzes the operation mode of ride-hailing business and other ride-hailing business,and concludes that ride-hailing has the following characteristics: legitimacy,non-travel,shared travel,online and offline combination,and the randomness of both parties.According to the characteristics of the ride-hailing network and then find out the reason of frequent infringement cases.Secondly,the paper analyzes the existing problems of the ride-hailing business between the current legislation on ride-hailing is not perfect,so the result of the court decision is not the same and the ride-hailing platform in the infringement case of ride-hailing The legal status has not been determined,so it is not clear whether the ride-hailing platform is responsible for theinfringement cases.Thirdly,by analyzing the relevant theories about the legal status of the ride-hailing platform,this paper compares the differences among the theories and thinks that the security obligor is closest to the legal status of the ride-hailing platform in the ride-hailing business,and analyzes the legal relationship between the ride-hailing platform and the ride-hailing driver and passenger in the mode of security obligation.Finally,through the first two chapters of the net ride infringement related analysis,summed up the specific types of net ride infringement,and It is reasonable for the ride-hailing platform to undertake the security obligation as the organizer of the ride-hailing activities.The specific contents of the safety and security obligation of the ride-hailing platform and the corresponding supplementary liability of the ride-hailing platform should be paid to the injured passengers according to the relevant provisions of the Tort Liability Law.This paper puts forward its own opinion on the responsibility of the ride-hailing platform under the mode of ride-hailing,hoping to provide meager power to the infringement cases.
Keywords/Search Tags:A windmill ride on the Internet, grid platform, Safety and security obligations, tort
PDF Full Text Request
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