Optimization And Analysis Of Ride-sharing Traffic Accident Liability System

In the era with booming information economy,the ride-sharing services industry,as a typical representative of the sharing economy,is reduced transaction costs with the help of internet technology.The ride-sharing services industry provides convenience for the public to travel,but the emergence of new things is bound to new problems.The ride-sharing services has prominent problems of responsibility distributing in traffic accidents.On the one hand,from a practical point of view,according to the statistics of local authorities,the probability of traffic accidents caused by ride-sharing is higher than that of taxis and private cars.On the other hand,after the traffic accident,which subjects should bear the compensation liability and how to distribute the compensation liability are also controversial,and no agreement has been reached in either theory or judicial practice.From the perspective of law and economics,the above problems are actually caused by the imperfect existing ride-sharing traffic accident liability system,the failure to achieve the goal of reducing the accident cost,the failure to allocate the risks of participants,and the failure to follow the optimal system design of efficiency.The traffic accident liability system of ride-sharing is mainly based on the tort liability system,supplemented by the insurance system.The direction of future legal reform is that how to use the role of tort liability system and insurance to guide and restrain the behavior of all parties in the ride-sharing services industry,to control the prevention cost,to improve the deterrent effect,to reduce the incidence of ride-sharing accidents,and to maximize the social and economic benefits of the ride-sharing services industry.In the field of law and economics,there has been a full discussion at inland and abroad on how the tort liability system and insurance system should function in motor vehicle traffic accidents to achieve the intended regulatory objectives.However,there is still a lack of research on the new situation and problems in the traffic accidents caused by ride-sharing services.For example,the probability of ride-sharing accidents is higher than that of ordinary motor vehicle accidents.In the legal relationship,such new entities as transportation network companies and car rental companies should bear the responsibility or not,and what kind of responsibility they should bear.This paper is divided into five parts,the first part is the introduction.In this part,the thesis and the purpose of the research,the domestic and foreign research situation,the research process,as well as the research significance,research methods and innovation pointsof this paper are described.The second part is introduced with cases,and combined with the data provided in the Alpha big data analysis report,summarizes the predicament of the existing traffic accident liability system of ride-sharing services in China.The third part is to explore and analysis the system first,and then to introduce the basic principle of tort law explanatory of law and economics associated with responsibility system of road traffic accidents.Next,analyzing legal relationship about ride-sharing accidents,coupled with a certain amount ride-sharing accident case to do the empirical analysis,studying whether the legislative purpose of implementation legislators intent to achieve or not;The fourth part uses the analysis paradigm of law and economics to analyze the significant problems such as risk distribution and insurance in ride-sharing traffic accidents summarized and based on examples.In the fifth part,according to the analysis results of the third part and fourth part,combined with the foreign practical experience and the content of regulation economics,Suggestions are made on how to revise the legal system of ride-sharing traffic accidents and achieve the goal of optimal efficiency,with the further thinking from the perspective of avoiding regulatory failure.