Research On Several Issues Of Liability For Damages In Shared Car Traffic Accidents

With the development of sharing economy,sharing cars begin to rise widely.Especially under the background of increasingly prominent energy,environment and traffic problems,as a new type of car rental,sharing cars not only bring great convenience to people’s life,but also play an important role in energy conservation,emission reduction and easing urban traffic congestion.However,with the popularity of sharing cars,some legal issues have gradually attracted the attention of the society,among which,how to determine the liability for damages caused by traffic accidents of sharing cars is an important issue to be solved urgently.At present,Chinese scholars’ research on sharing cars mainly focuses on the development prospect and operation mode of sharing cars,while the research on the liability for damages after traffic accidents of sharing cars is rare.At present,there is no clear legal provision on how to determine the compensation liability for traffic accident damage of sharing cars in China.In judicial practice,the liability for traffic accident damage compensation of sharing cars is usually determined according to the liability determination method of traffic accident when renting out motor vehicles.Although sharing car is a new type of rental car in essence,it is different from traditional rental car and P2 P rental car to some extent.For example,different operation modes involve different subjects,who also bear different legal responsibilities due to the specific circumstances of traffic accidents.Therefore,in practice,and determination of sharing the automobile traffic accident damage compensation liability when the issue could not be completely in accordance with the motor vehicle rental traffic accident responsibility identification of ways to solve,but should be guided by the motor vehicle rental when traffic accident responsibility identification method to explore the shared rules of automobile traffic accident damage compensation liability,to better solve the sharing automobile traffic accident damage compensation liability issues.In this paper,through the introduction of the case of sharing car accidents,put forward the case about sharing automobile traffic accident damage compensation liability issues,and sharing in different types of car traffic accident discusses problem analysis,finally shared about the automobile traffic accident damage compensation liability issues put forward some countermeasures and suggestions,so as to solve sharing car traffic accident dispute better.The first part of the thesis introduces the case of traffic accident of sharing car.Through these cases,the dispute focus and extension of the liability for damages caused by traffic accidents of sharing cars are introduced.The second part introduces the meaning and characteristics of traditional rental cars,P2 P rental cars and sharing cars,and tries to classify the traffic accidents of sharing cars.The third part rented motor vehicle traffic accident damage compensation at home and abroad for reference,the imputation principle to discuss shared automobile traffic accident damage compensation imputation principle,then,analysis of different types of sharing car traffic accident that the main responsibility of the problem and share the effectiveness of the disclaimer of car user agreement in the format problem,and introduce the traditional car rental,P2 P car rental car comparative analysis of these problems and sharing;The fourth part,based on the analysis above,puts forward some countermeasures and suggestions on the problems related to the liability for damages in traffic accidents caused by sharing cars.