share bicycles, share umbrellas, share cars... The convenience of "sharing" is obvious. However, when people enjoy "sharing convenience", security risks are also caught on the "sharing" express. When an unlicensed person can rent a share car easily, drunk driving and so on can also occur at any time, equivalent to the "time bomb" and "street killer" on the road. How should we solve these problems caused by "sharing cars"? Reporter Zhang Shu
the accident was hit by a pedestrian arm injury (traffic police map)
how to avoid using other information authentication? Are there any preventive measures for
pseudo name authentication and use of shared cars? This "Gofun trip", which is used by a coke, may seem strict, although it needs to upload a driver's license, ID card, and the user's handheld identity card, but it does not mean that there is no loophole. And the reporter found that some "shared car" platform in the registration, users can use the personal information of others to authenticate, after the completion of the certification, minors can even use the registered account to drive on the road.
how should the liability for traffic accidents be identified?
at present, whether it is the user or the media, one of the most important topics of the "shared car" is how to identify the responsibility in the course of the use of traffic accidents.
the identification of traffic accident liability can be divided into two types: accident liability and contractual liability. The accident liability is the responsibility of the driver, and the contract liability depends on the contract signed by both parties. At present, most of the "shared car" platform only explains the way of compensation for the accident, and the user will pay the cost first, and then the user needs to provide the insurance company designated by the platform within the limited time limit.
, however, when sharing a car, it is necessary to distinguish between the driver responsibility of the two sides or the defect of the car itself when facing a traffic accident. The former only needs to be imputable in accordance with the existing regulations on the identification of traffic liability accidents, and the product liability of the latter can appeal to the law of consumer rights and interests and the law of tort liability. The "exemption clause" of the platform itself can not be exempt from such legal liability.
who will ensure the safety of shared car conditions?
a number of "shared cars" APP has a provision in its exemption clause: no warranty is made on the car, whether it is explicit or implied, including any implied warranty on the applicability or good of the car. If a member determines that the car may cause insecurity during driving, stop using the car immediately and contact customer service.
this exemption is also the "slot" point of "sharing cars" at present. After all, for operators, providing safe services is the most basic requirement. Is it illegal for
platform to provide sub service?
a reporter found that many "shared vehicles" platform has a provision, that is, the platform has the right to "violation" ("violation" in the platform clause "illegal" - journalist note) to deduct the amount of the amount of illegal fines in the user account and the charge for each violation (200 yuan per cent deductions in violation of the rules). For a serious traffic offence that revoked a driver's license or a single violation score of 6 points or more, it will not be entrusted to deal with it.
"shared car" platform for the deduction of the act, is a number of users, because the deduction is illegal, traffic illegal should be responsible, at present, such platform withholding the illegal scores and fines and no legal basis.