The Application Of The Security Obligation In Cyberspace

Car-hailing industry led by a car-hailing apps with the advantages of real-time transmission,wide coverage,fully improve the transportation resources use efficiency,rely on the car-hailing platform of information management,diversified service mode,service development,makes the transportation more convenient,increasingly accepted by ordinary citizens and rely on.But by continual exposure driver application access information examination at random,resulting in traffic accidents and security incidents in violence,the public security not guaranteed,so that the doubts about the safety of the car-hailing service.Who will guarantee the safety of the car-hailing service? Car-hailing platform belongs to cyberspace,because no special legislation of cyberspace safety in our country,only by the existing legal system of regulation,reasonable by using the method of explanation applies to new social problems.According to “Tort Law of the People's Republic of China” with the obligation of safety regulation,applicable subject as “hotel,bank,shopping mall,railway stations,entertainment venues and other public places of the administrator or mass activity organizers,its applicable scopes is limited to the physical space and reflects the limited applicability.According to its possible methods to do the most general explanation will never real occasions interpreted as virtual situation,thus the security obligation apply in cyberspace.So,for the inherent interests of Internet user of cyberspace violations will not get the protection of the tort law However,the purpose of the security obligation is imposed a open or continuous hazards of dangerous men guard duty,to protect the safety of potential victims.According to the security obligation is the specification of the purpose,in this paper,the interpretation of the teleological expansion method is the purpose,in this paper,the interpretation of the teleological expansion method is used to demonstrate similar other network to network platform about car space is the legitimacy of obligation of security obligation scope expansion to the network space,make the security obligation regulations contain shot on case facts,so as to realize the purpose of security obligation.Guidance in cyberspace open or for a particular danger should take necessary safetymeasures according to specific circumstance,so as to seriously fulfill their security obligations,to protect others from harm.In addition,this article also about car-hailing platform as an example,analyzed the network about the specific content of obligation of safety car platform.A net in different dispute about car,about car platform for violation of security obligation has to bear the responsibility.Finally,put forward the car-hailing platform legal status and liability of the legislative proposals.