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Study On Legal Issues Of China’s Non-operating Online Car Rental Insurance

Posted on:2024-07-25Degree:MasterType:Thesis
Country:ChinaCandidate:J F GuoFull Text:PDF
GTID:2556307100490514Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The online car appointment is based on the Internet,and information is exchanged and shared through the network platform,and the idle cars are reasonably configured within a specific range according to the needs of users.According to the different sources of their cars,they can generally be divided into two types: one is the car owned by the taxi company or platform,which belongs to the operation network;The second is private car registered vehicle,which belongs to non-operating network.This paper discusses non-operating online car appointment,which is registered by private car owners on the online car appointment platform.Users can use their own private car to carry passengers and transport services.This paper starts with the current situation and existing problems of non-operating online car rental insurance in China,points out some defects of the current non-operating online car rental insurance system,and puts forward targeted countermeasures and suggestions based on foreign experience.At present,there are the following problems in the insurance of car rental on non-operating networks: First,there are great differences among major cities,which restricts the safety supervision of car rental on non-operating networks.Secondly,the laws and regulations on car rental insurance on non-operating networks are not perfect,and there are no reasonable provisions on compulsory insurance,insurance period division,platform liability and other aspects,resulting in huge differences in the level of car rental insurance on non-operating networks,which is not conducive to protecting the rights and interests of victims.Thirdly,because it is very difficult for the insurer and the insured to fulfill their obligations,in this process,due to the incomplete performance of the contract,the non-operating network car rental insurance liability cannot be attributed,and the compensation obligation is difficult to implement.Finally,China’s lack of effective supervision and management of non-operating online car rental insurance makes it difficult to implement and implement it.In view of the existing legal issues of non-operating online car rental insurance,this paper puts forward specific suggestions from the following aspects: First,supplement the insurance rules of online car rental insurance in China.This can be started from two aspects: one is to establish a compulsory insurance system for non-operating network car rental;the other is to reasonably divide the insurance period according to the risk;Second,clarify the insurance liability and compensation obligation of the platform.This first establishes the first compensation obligation of the platform,and then clarifies the insurance liability of the online car rental platform.Third,it is necessary to clarify the performance requirements of the notification obligation and the explanation obligation of the insurer.Fourth,improve the content of regulation of car rental insurance on non-operating networks.This needs to clarify the regulatory body and its functions,and improve the legal liability of the corresponding body for illegal insurance.Fifth,draw on and promote the UBI insurance system to provide more accurate and personalized insurance services for the non operational ride hailing industry.Sixth,improve the supporting system for non operational ride hailing services.This requires improving the access system for non operational ride hailing services to ensure the establishment of insurance contracts.I hope that this study can play a good promoting role in improving the regulation of non operational ride hailing insurance in China.
Keywords/Search Tags:non operating network car hailing, Insurance, Online car hailing platform, Insurance liability, Compensation obligation
PDF Full Text Request
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