The Legal Attribute And Regulations Of Network Taxi Platform

Under the background of the great age of the digital information network,with the development and application of taxi software,has not only brought tremendous impact on traditional taxi industry,and therefore lead to the blank of the car market regulation,make many legal risks hidden in the process of market operation.This article attempts to discern the legal attribute of car platform as the breakthrough point,to clear the platform specific obligations,car and driver of market access conditions,all through the literature research,case analysis and other methods.Aim to provide a certain degree of theoretical research value for protecting passengers' rights and interests.The first part of the article puts forward the practical problems existing in the network.Through the recent actual case,put forward the current network taxi in the operation of the urgent problems to be solved for the following writing.The second part of the article defines the legal attributes of the platform of the network taxi.First of all,the current controversy has been summarized in the academic community,and then put forward my own point of view,that is,the legal properties of the platform should be based on their different operating methods and their own characteristics,then make a classified discussion.The third part of the article deals with the legal regulation of the network taxi platform as the carrier.First,set the market access rules for the network taxi platform,including the conditions for the establishment of the platform itself and the access conditions for vehicles and drivers.Second,the standard network of vehicles about the operating obligations.Finally,clear the platform's forbidden act.The fourth part of the article is to solve the legal regulation of the network taxi platform as a business intermediary.First,set the access conditions for web-based vehicles and car drivers,and the conditions here should be higher than those in the platform-owned vehicle mode.Second,regulate the intermediary behavior of the platform,while regulating its joint liability in special circumstances.In July 2016,the new "Interim Measures for the Management of Taxi Operators for Internet Reserves" was clarified,and the legal status of the network was set out.The relationship between the platform and the driver was characterized as part-time labor contract.The platform company would bear the carrier responsibility.However,this article has a different opinion,because the practical operation of the network car has a variety of models,in the case of private cars joined the platform properties to the carrier theory,it is somewhat far-fetched and inappropriate.Therefore,the results of this study,in the case of self-vehicle for the platform should be characterized as the carrier,and in the case of private cars joined the platform only with the business intermediary legal attributes.On this basis,to further standardize the two models of the platform under the relevant legal obligations,and stressed that the latter access conditions should have a higher standard in the platform beyond its intermediary status and the driver will bear joint and several liability to protect the passengers' legal interests.