(Shenzhen Graduate School, Peking University)
Abstract: Renting car with driver online in China has sparked controversies on its legality and risks. This paper attempts to observe the varieties of different models of related practices, discuss separately the legality of each model under our positive law; then to analyze the risks concerning renting car with driver online, including the risks of road accidents, information leakage/misuse and social instability. Although precautions are needed, this paper argues we should decide the specific way to control those risks with deference to the principle of subsidiarity and the principle of proportionality.
Key Words: renting car with driver online； risk regulation； the principle of subsidiarity； the principle of proportionality