On The Legal Of Relationship Between The Ride-hailing Platform And The Drive From The Case Of The Dispute

In the era of Shared economy,the rapid rise of ride-hailing industry has brought about many legal problems as well as economic development.The introduction of the Interim Measures for the management of network booking taxi business has made the ride-hailing platform have a legitimate business identity.However,the legal relationship between the ride-hailing platform and the driver is still not clearly stipulated in the legislation.The identification of the legal relationship between the platform and the driver involves the distribution of the rights and obligations and the protection of the interests of the passengers and the third party.It is of great significance to clarify the legal relationship between the platform and the driver.Based on the interpretation of the case,two controversial issues are summarized.The first is how to determine the legal relationship between the ride-hailing platform and the driver;The second is how to determine the standard of the fact labor relations?Before analyzing the focus of the dispute,the concept and characteristics of the ride-hailing car and the theory of the legal relationship between the ride-hailing platform and the driver are expounded.The theory about the legal relationship between the ride-hailing platform and the driver in China mainly includes the labor contract,the commission contract,the intermediary contract,the employment contract.Secondly,it introduces the judicial precedent of British and American courts.The courts in both Britain and the United States have finally agreed that the ride-hailing platform and the drivers constituted labor relations.Thirdly,according to whether the platform has the right of "labor management" and the specific circumstances of the service provided by the driver,the operation mode of the ride-hailing service is divided into "controlled" operation mode and "autonomous"operation mode.In the "controlled" operation mode,the platform and the driver constitute the labor relationship.In the "autonomous" operation mode,the network platform and the driver constitute the.business cooperation relationship.Finally,the analysis of the dispute focus of the selected case is concluded that Wang Zheshuan and the ride-hailing platform constitute the labor relationship and in the shared economic mode,we should appropriately adjust the standard of labor relations and realize the dynamic adjustment of labor law.Based on the case analysis,the reasons for the unclear legal relationship between the platform and the driver are summarized. The particularity of the car-hailing industry,the technical characteristics of the ride-hailing platform itself,the complexity of the operation mode and the lack of laws and regulations are the main reasons.And put forward suggestions on how to clarify the legal relationship between the ride-hailing platform and drivers.