Translated Abstract
Nowadays, with the continuous development of science and technology, the needs of the public travel mode diversification, traditional travel mode and people＇s needs more and more can not match. In the era of big data on the Internet, a large number of new things have emerged. Along with the emergence of some taxi software, such as drip-drip trip, Shenzhou special car, Cao Cao special car, SAIC appointment car, the network appointment car industry is booming rapidly, and the network appointment car travel service is rapidly entering people＇s lives.
The Interim Measures for the Management of Business Services of Internet Reservation Taxis have been promulgated and implemented formally, but it has not stipulated how to compensate for the civil damages after the traffic accidents of Internet Reservation Taxis. According to these measures, each city has formulated the detailed rules for implementation one after another, and there is no unified standard. As a result, in practice, there still exists the responsibility subjects to shirk responsibility and business with each other. Industrial insurance and many other problems. Therefore, it is necessary to analyze the existing problems and causes of civil compensation for traffic accidents by net contract and put forward corresponding countermeasures and suggestions for improvement.
Based on the temporary measures already implemented, this paper analyzes the present situation of civil compensation for traffic accidents under the three operation modes of network contract vehicles, including the present situation of civil compensation under the independent operation mode of platform companies and the present situation of civil compensation under the operation mode of rental vehicles of platform companies. Through summarizing and sorting out the cases of traffic accidents involving network-contracted vehicles which were judged by the courts in recent three years, this paper points out the problems existing in the traffic accidents involving network-contracted vehicles, and enumerates the relevant actual cases to explain them. On this basis, it finds out the origin of the problems. Because of this, we should clarify the relationship between the relevant subjects and the division of responsibilities, formulate the relevant laws and regulations and judicial interpretation to unify the judgment scale, create a new type of insurance suitable for the particularity of the net contract car itself, give full play to the audit and management obligations and responsibilities of the platform company, and establish a joint supervision mechanism for the net contract car industry by using large data. The corresponding countermeasures and suggestions are put forward.
Translated Keyword
[Civil compensation, Countermeasures, Network about cars, Road traffic accidents]
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