On The Legal Relationship And Responsibility Of Network Platform And Drivers

Driven by Internet technology innovation,Uber,drop trip,Shenzhou special car,easy to use vehicles and other network call platform has mushroomed into the market,has been rapid expansion and development.The operation modes of each network platform are diverse.In some modes,the legal relationship between the network platform and the car driver is more clear,and there is little dispute about the responsibility of the parties after the accident.However,there are great disputes in the legal relationship between the two modes and the compensation liability of the parties after the accident,which has caused widespread discussion in the legal circle.This paper starts with the analysis of the court's reasoning and judgment results of the relevant cases in our judicial practice in the past two years,then raises the question,and then defines the concept and operation mode of the special car.The two countries draw lessons from the Uber case labor relations identified entity standard,combined with that of basic standard criterion of labor relations,China's academic research,analysis of various theories on the legal relationship between the network platform and the car driver,get this view: in two did not sign a written labor contract,between the network platform and car the driver for the affiliated relationship;after a traffic accident,the network platform jointly and severally obligations to the drivers need to bear the liability.After performing the corresponding joint and several compensation obligations,the network platform company has the right to claim the rights of the special driver in accordance with the agreement between the two parties.