Research On Responsibility Subject In Traffic Accident By Online Ride-hailing

Under the background of the rapid development of the "Internet+sharing economy",the development of online ride-hailing service has developed rapidly.However,the laws,regulations,and industry norms concerning the service haven't been perfected yet,and the liability disputes about traffic accidents that occur on the Internet are basically in a state of incompatibility.As a result,in the judicial practice,the court has different opinions on the handling of traffic accident liability disputes caused by the various types of online ride-hailing,and in particular,it has a big controversy on the internal legal relationship of online ride-hailing service providers.Through the combing of related cases,this article will proceed from the legal nature and effectiveness of the online ride-hailing service and the legal relationship between the parties' principals,aiming to clarify the traffic accidents caused by the fault of one side of the ride-hailing,leading to passengers' or third parties' personal injury,except insurer's liability.This article mainly contains the following parts:In the first part,according to B2C and C2C two different operating modes,combing the online ride-hailing about car traffic accident liability dispute cases,summed up the referee position and the existence questions.For example,legal relations and the main responsibility is not clear.In the second part,through the analysis of the relevant legal relationship of online ride-hailing services,the existing legal norms are combined with the existing disputed regulations to determine that the nature of the legal relationship of online ride-hailing services is passenger service;and from the perspective of normative features and imputation results,the platform company is the carrier.The principle of proportionality was used to analyze the effectiveness of the act when it violated mandatory regulations.Based on this,we analyze the legal relationship between the parties involved in the service,especially the legal relationship between the platform company and the driver.It is pointed out that under the B2C model,a labor dispatch relationship is established between the two;under the C2C model,the labor relations between the two are denied,and two contractual relations are considered to exist—in the actual transport part,the contract of contract is a reasonable orientation;For the unpaid entrustment contract,the two contracts are not interdependent and are treated as mixed contracts.In the third part,according to the criteria of "operational control+operating benefits" and the legal relationship between the entities,the responsible entities under each model are identified.In particular,under the C2C model,passengers,platform companies,and drivers form a double contract.The platform company is the master.The contractor shall bear the liability for the fault of the subcontractor's driver and may recover the driver's compensation.In the fourth part,it is clear that the direction of the traffic accident referee result is the responsibility subjects.It also points out the need to standardize the judgment and the idea of "insurance compensation + platform compensation + platform recovery",and then summarizes the rules of refereeing.