Analyze The Legal Liability Of DIDI Platform

The DIDI platform as a typical Internet plus transport service enterprise, in line with the national development strategy and the public interest, quickly opened the online private car market, but in the process of development are also associated with a series of legal disputes. Therefore, the legal liability of the DIDI platform as the research topic, the specific research path is as follows.The first part is about raising the problem. Through extensive collection and present research situation related with legal disputes of the DIDI platform, it is found that the legal liability of the DIDI platform identification problem there is a lot of controversy, is worth discussing.In the second part, the operational model of the DIDI platform is analyzed. The four operating modes of a small passenger car on the DIDI platform are Taxi Hailing Service, Hitch, Express and Private Car Service. Through the analysis of the similarities and differences between the four modes, the DIDI platform’s behavior can be divided into the two types: Information matching service and car operation, in order to lay the support of the factual elements for the following study of the legal status and legal liability of the DIDI platform.The third part analyzed the legal status of the DIDI platform. The legal status determines the applicable law, so it is the foundation of the legal liability. The development process of DIDI is so short that the legal nature of it is controversial. A point of view is that the DIDI platform belongs to the taxi industry carrier and should be applied to the taxi industry legal norms. Another point of view is that the DIDI platform is one kind of the online platform, the scholars call it the port. There are views that the DIDI platform is an intermediary and agent. By analyzing similarities and differences of the DIDI platform different operation modes, put forward personal point of view is the dualism. DIDI platform’s information matching service and attached with paid ancillary services can be defined technical service provider for the network service platform. Private Car Service with the vehicle actual operation behavior can be defined business operators of the transportation services, and is only as a supplement of public transport services, rather than a real public functions of a public transport carrier.The fourth part is about confirmation the legal liability of the DIDI platform. Finding problems and categorizing the legal liability of theDIDI platform from three judicial cases in real life is a good way. These three cases are related to the management responsibility between DIDI platform and the drivers, contractual liability between DIDI and the passengers, and tort liability between DIDI and the third party. Management responsibilities related to legality and regulatory policies of private car accessing DIDI platform. Since the private car access DIDI platform does not change the nature of its non operating vehicles, the operation of private cars is illegal, and becomes the threat of safety of passengers and road traffic. DIDI platform as a kind of good managers bear the responsibility of the manager, should share the responsibility of administrative punishment according to the fault degree with the private car owner. In different operation mode, the subject of the liability of breach of contract is also different. In Private Car Service, DIDI platform should bear the liability for breach of contract together with the labor dispatch company and car rental company. The traffic accident which is inevitable in the operation of the vehicle, in principle, is the direct infringement liability. But based on passenger’s safety and security obligations, operation control and operational benefits, neither the use of a vehicle or actual controller, DIDI platform under certain conditions should also bear the joint and several liability for damages.The fifth part summarizes opinions. For emerging companies, seize the DIDI platform "Internet plus" enterprise characteristics, abstract legal behavior from the fact elements, with the means of type division, foreign experience and legal analysis tools, to clarify the responsibility of the subject and legal liability boundary, play the role of settling disputes, provide legal guidelines for the development of emerging enterprises.