The Spring Festival is approaching, and the flavor of the year is getting stronger. Whether it is traveling, shopping for New Year's goods, or gathering with friends, with the increase of life and entertainment items, the hidden legal risks also increase.
The popularization of the law in the New Year "does not close", and the publicity of the rule of law does not stop. Focusing on the five keywords related to the Spring Festival, "going home", "New Year's goods", "happy gathering", "red envelopes" and "emotion", from February 5, the "Xiaobu Statement" column will join hands with the members and lawyers of the public interest lawyer group of Xi'an Press Media Group to launch 11 consecutive audio programs to analyze 11 hot legal issues related to the Spring Festival for you.
As the saying goes, if you have money, you can't afford to go home for the New Year. For people in a foreign land, going home for the New Year is the warmest time. But with the Spring Festival approaching, Spring Festival tickets are tight, and some people will choose to carpool home. So, is paid carpooling illegal? If an accident occurs during the carpool, how to protect your legitimate rights and interests? Focusing on this kind of issue, in this issue, we invite Li Hongliang, a member of the public interest lawyer group of Xi'an Press Media Group and director of Shaanxi Zecheng Law Firm, to interpret it for you.
Welcome to this episode:
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Legal support for this program: Li Hongliang, a member of the public interest lawyer group of Xi'an Press Media Group and director of Shaanxi Zecheng Law Firm.
This program is produced by Xi'an Release, Hear Xi'an Sound Studio.
We'll see you tomorrow for the next episode.
With the opening of the Spring Festival, the number of paid carpools will increase, but it needs to be made clear that paid carpooling is not an illegal operation. Lawyer Li Hongliang said that usually the owners of paid carpooling have their own legitimate jobs and do not take operation as their profession, while the owners of illegal operations take operation as their main job; The owner of the paid carpool is subjectively convenient for others and saves his own travel costs, and is not for the purpose of profit, while the owner of the illegal operation collects fees, which is subjectively for the purpose of profit; Paid carpooling owners generally ride others along the way, and the destination is usually based on the arrival place of the private car owner, while the illegal operation of vehicles is waiting for passers-by to take at any time and place, and the destination is determined by the passenger. In summary, paid carpooling is not an illegal operation.
Lawyer Li Hongliang said that when a paid carpool accident occurs, the person responsible for the accident is generally responsible, and the passenger is not responsible. However, if the traffic accident is caused by the fault of the passenger, the passenger shall be liable according to the degree of his fault. Specifically, it is divided into the following four situations:
1. Neither the owner nor the passenger is at fault, but a traffic accident occurs due to the responsibility of a third party, and the passenger is damaged by the accident, the third party shall be liable.
2. The unilateral responsibility of the carpool owner, if the passenger is damaged by the accident, the carpool owner shall be liable.
3. If the traffic accident is caused by the fault of the passenger, the passenger shall be responsible for the accident, and if the carpool owner or a third party suffers personal and property damage in this accident, the passenger shall also bear the corresponding liability for compensation.
4. If the owner, passenger, or third party of the carpool are at fault in the accident, they shall bear the corresponding responsibility according to the size of the fault.
Planning: He Li Manuscript: Xi'an Newspaper Reporter Liu Xiaoyun Qu Xuejiao Ge Xinyu Poster Design: Zhang Yalan Editor: Wang Shan Editor: Yang Xue).