Analysis of Legal Attributes about Online Hitchhiking

Mao-feng SHAN, Xiang ZHENG, Ting PAN

Abstract


The legal attributes of the online hitchhiking may be different from the traditional hitchhiking or carpooling. Based on the protection of the trust interest of the passenger, the online hitchhiking should be civil legal behavior, not be Gef lligkeit. The legal relationship between the network platform, the owner of the car, and the passenger can be regarded as a civil partnership. The positive externality of the online hitchhiking should be fully affirmed. As long as the charge of the owner of the vehicle does not exceed the direct and the reasonable indirect cost of the ride, the owner of the vehicle should not be considered as a business operator. So the government should encourage online hitchhiking, ensuring the security and sustainable development of it as possible when necessary.

Keywords


Gefalligkeitsverhaltnis, Civil partnership, Occasional partnership, Non-operational behavior


DOI
10.12783/dtssehs/aems2018/28015