“网约车”类共享经济的保险规制路径
发布时间：2018-12-16 21:51
【摘要】：在"网约车"类共享经济取得合法地位的背景下,如何保障共享出行安全、分散风险将是培育共享经济市场健康发展的关键。对比分析网约车"同案不同判"案例,本文发现规制共享经济市场的法律存在不确定性,共享出行风险保障需要创新社会管理方式。基于保险分散风险的特性,本文以保险的社会管理功能切入,启动保险规制作为共享经济法律规制的补充。并在制度设计上根据不同主体在保险社会管理功能中的角色定位,设计有效的保险规则和保障方式,同时借助消费者"用脚投票",激励共享经济平台监督和管理从业者遵守保险规则,有效实现保险对共享经济的规制。
[Abstract]:Under the background of obtaining the legal status of the sharing economy, how to ensure the security of the shared travel and spread the risks will be the key to foster the healthy development of the sharing economy market. By comparing and analyzing the cases of "different judgments in the same case", this paper finds that there is uncertainty in the law of regulating the shared economic market, and the guarantee of shared travel risks needs to innovate the social management methods. Based on the characteristics of insurance risk diversification, this paper starts the insurance regulation as a supplement to the legal regulation of shared economy by cutting into the social management function of insurance. In the system design, according to the role of different subjects in the social management function of insurance, the effective insurance rules and means are designed, and at the same time, with the help of consumers, they vote with their feet. To encourage the operators to supervise and manage the shared economy by following the insurance rules, and to realize the regulation of the sharing economy effectively.
【作者单位】： 中国应用法学研究所;
【分类号】：D922.296;F724.6
本文编号：2383099
[Abstract]:Under the background of obtaining the legal status of the sharing economy, how to ensure the security of the shared travel and spread the risks will be the key to foster the healthy development of the sharing economy market. By comparing and analyzing the cases of "different judgments in the same case", this paper finds that there is uncertainty in the law of regulating the shared economic market, and the guarantee of shared travel risks needs to innovate the social management methods. Based on the characteristics of insurance risk diversification, this paper starts the insurance regulation as a supplement to the legal regulation of shared economy by cutting into the social management function of insurance. In the system design, according to the role of different subjects in the social management function of insurance, the effective insurance rules and means are designed, and at the same time, with the help of consumers, they vote with their feet. To encourage the operators to supervise and manage the shared economy by following the insurance rules, and to realize the regulation of the sharing economy effectively.
【作者单位】： 中国应用法学研究所;
【分类号】：D922.296;F724.6
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1 郑媛媛;共享经济下网约车监管问题研究[D];华东师范大学;2017年
，本文编号：2383099
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