Research On The Protection System Of The Rights Of The Infringed In The Traffic Accident Of Shared Car

As in recent years our country on the Internet and new media platform in the field of rapid economic development,and give full play to and use of unique Internet information transmission efficiency and potential users to share data analysis of the characteristics of the economy,will can do all kinds of goods with low price and convenience in the form of a rent to have demand,realize the maximization of resource sharing,the representative-the emergence of the Internet sharing business model offers a new convenient way to travel at the same time,also produced a lot of legal problems.The Shared car,which provides more choices for travel and conforms to the concept of low-carbon and environmental protection,has been well received by users and received enthusiastic market response since it was put into operation.However,due to the continuous growth of all kinds of car-sharing enterprises and vehicles,legal issues such as vehicle quality safety,service quality and liability division after traffic accidents also emerge.At present our country because of the rise of sharing the car and the traffic safety and accident liability issues has gradually become a hot social concern,Shared car model different from the traditional car rental industry,because of its lease time not sure,the actual drivers and vehicles of all "separation" led to the use of car share liquidity is extremely strong,tort liability and liability for damages and the traditional car rental industry also has the very big difference.The industry legislation and the corresponding system perfection in the field of sharing automobiles have theoretical basis and practical significance for the division of traffic accident responsibilities and the protection of the rights of all parties,and also provide legal guarantee for safe driving and orderly economic development.This paper mainly discusses the liability of each party and the protection of the rights and interests of the infringed party in the car-sharing traffic accident in China.The first chapter first through the current judicial practice of Shared car traffic accident case analysis,so as to further explore the differences and characteristics of Shared car traffic accident and common motor vehicle traffic accident;The second chapter introduces the relevant concepts,development status and relevant legal systems of the Shared car industry,and distinguishes the theoretical basis and sources of obligations for different parties to bear the traffic accident liability by combining with the parties that may be involved in the Shared car traffic accident.In the third chapter mainly from the analysis of the different aspects of contract and tort liability relations in Shared bus operation mode and major traffic accident responsibility in a Shared a Shared the car companies,Shared car drivers,the accident victim has the legal relationships between three parties,namely share driving car companies and sharing,Shared car leasing contract relationship between drivers and road traffic accidents between the accident victim infringement legal relationship,sharing cars tort law relations between the enterprise and the accident victim,discusses the importance of the responsibility for the accident dispute resolution;The last chapter is on the basis of the first three chapters analyzed the sharing automobile traffic accident tort liability disputes still exist deficiencies and related countermeasures,subjects such as infringement and apply the principle of imputation of tort liability law system is still imperfect,such as easily to share in the car accident infringed parties’ rights and interests protection and the legal basis to get the corresponding compensation is not clear,from the legislative level,government supervision and enterprises to strengthen their own management mainly be perfected.