碩士 / 東吳大學 / 法律學系 / 104 / Leasing is the wide concept of sharing economy, but how could this abstract sharing economy concept applied to the concrete administration legislation? This paper will attempt to define the type of sharing economy and to see how concrete legislation react to this issue, therefore, the sharing economy is divided into two categories: 1) The first one is sharing economy in a general sense, which is business leasing behavior, there are quite a lot legislations in Civil Code or Consumer Protection Act regarding this topic; 2) The second one is sharing economy in a narrow sense, meaning share the cost, and it’s purely an action of sharing benefits, there isn’t much control over this action in terms of legislation.
This paper is based on transportation control, to discuss how sharing economy concept should be applied in the domestic law and the connection between Uber and sharing economy, and how transportation industry should treat Uber. To understand Uber character, two categories are discussed: Uber business itself and the cars as well as drivers who join this industry; this paper also provides a comparison regarding Uber of car-pool and taxies with reference of Taxi management policy and the strategies to deal with Uber conducted by USA, China and other European countries.Finally, this article make recommendations by means of call-the-yellow-cab app for example,in order to introduce taxi reservation platform management into domestic transportation regulation,as well as perspective of transportation industries classification management.
First of all, this article defines that cars which joined Uber business is regarded as a business behavior, it also appears to the Court that Uber business is based on commercial purposes, not car- pool to share the cost in a narrow sense; besides, cars and drivers for commercial purposes should all meet to the current legislation. As for Uber business, Uber claims that it’s only information sharing platform, this article provides comparison of definition of information service and transportation, Uber recruits drivers and sets fair rates through their platform, it already got involved into authorized transportation industry, and it’s no longer purely information platform, a permission or an approval should still be applied for authorized business.
Secondly, Government has already started to regulate online car reservation with reference of worldwide taxi and Uber policies; should Government get involved in the management of purely online car reservation platform? And how to make regulations regarding this topic? What kind of responsibilities the owners of these platforms should take as to torts? This article is to give analysis of the problems mentioned above and to bring up suggestions regarding management of online car rental reservation platform.
| Identifer | oai:union.ndltd.org:TW/104SCU00194103 |
| Date | January 2016 |
| Creators | LIAO,CHIN-CHIH, 廖謹志 |
| Contributors | Yu,CHI-MIN, 余啟民 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 74 |
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