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Research On The Protection Of Personal Rights And Interests Of Passengers On The Network Car

Posted on:2021-08-29Degree:MasterType:Thesis
Country:ChinaCandidate:S D XiaoFull Text:PDF
GTID:2506306290468634Subject:The rule of law in social governance
Abstract/Summary:PDF Full Text Request
The rise of the network car has subverted the way people travel and travel,greatly facilitating people’s daily work and life.However,it has also triggered many social problems while promoting social change.Among them,the most serious problem is the protection of the personal rights and interests of passengers.Based on the perspective of state obligations,this paper explores the predicament of the personal rights and interests of the passengers in the network and the causes of the difficulties.At the legal system level,through the analysis and interpretation,it proposes to improve the rule of law for the personal rights and interests of passengers.This paper first gives a theoretical overview of the legal regulation of the personal rights and interests of passengers in the network.The first is to clarify the meaning of the core concepts of the network car service,the personal rights of the passengers of the network,and the legal regulation of the personal rights and interests of the passengers of the network,and then use the theory of good governance,the theory of wisdom supervision,and the theory of soft law as the basis of research.Finally,the necessity of clear research is to help realize the basic rights of passengers in the network,help the healthy development of the network car industry,and help to further modernize the national governance system and governance capacity.The second is to find out the current status of the rule of law and its existing problems in the protection of the personal rights and interests of passengers in China.Specifically,the rule of law process for the protection of personal rights and interests of passengers in China has experienced three stages and achieved certain results.However,through empirical research on typical cases of personal injury to passengers,it is found that there are indeed many problems,and finally at the legal system level.The reasons for the effective lack of protection of rights and interests include: legislative aspects,low level of effectiveness,flaws in the legislative system,and flaws in legislative content;lack of normalized law enforcement mechanisms and law enforcement methods in law enforcement;judicial aspects,compensation for personal injury caused by passengers Difficulties in the determination and acceptance of responsibilities and the identification and commitment of passengers’ personal injury insurance liabilities make it difficult to provide judicial relief for passengers’ personal injury.Once again,it is a reference to the experience of the United States,Britain,France,Germany and other countries outside the country in the legal regulation of the personal rights and interests of passengers.By interpreting the relevant experience and enlightenment of these countries,we draw on advanced experience,such as the further refinement of the design of the insurance relief system for the personal damage of passengers on the Internet,the diversification of law enforcement methods,and the innovation of the inspection standards for the status of the responsible subject.Finally,based on the analysis of the lack of effectiveness of the personal rights and interests of the passengers in the network,the author gives a path of thinking and improvement at the legal system level.Specifically,it includes: at the legislative level,formulating legal norms at a higher level of effectiveness,improving the legislative system,and improving the content of legislation;at the law enforcement level,establishing a normalized law enforcement mechanism for multi-sector coordination and innovative law enforcement means;and judging the compensation for passenger personal injury.The identification of responsibility and the identification of the liability for personal injury insurance for passengers.
Keywords/Search Tags:Network Car, Personal Rights and Interests of Passenger, The Protection of Rights and Interests, Legal Regulation
PDF Full Text Request
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