Research On The Civil Liability System Of The Network Reservation Automobile Platform

In recent years,with the "Internet plus" technology has matured,the network booking taxi is a new way to travel has been rapid development.However,because of its convenient and efficient travel advantage,the online car ride has been favored by the vast number of travelers,at the same time,the traffic accidents and other disputes caused by it are also increasing day by day.Therefore,China's "Interim Measures for the management of network booking taxi service" issued in 2016 approved the identity of the legal operation of the online car and carried out a series of specific regulations and special guidance for it.The positive significance of the interim measures has been widely appreciated.But,it defines the civil liability form of the network platform as the carrier's responsibility and the relationship between the platform and the driver as the practice of labor relations,which has aroused the discussion and doubt from all walks of life.Indeed,from the actual operation of China's network of cars,the measure is obviously too single,unable to adapt to the different operating modes of the network in reality.Moreover,the definition of carrier's responsibility is too principled,which not only has the suspicion of reusing the old way stipulated by the traditional taxi service company,but also can not cope with the new situation and new characteristics of the ride-sharing service which is based on the network technology.There is also a lack of sufficient legal basis and accuracy and reasonableness.And the identification of labor relations is separated from the specific operation characteristics and operation practice of the net car.Based on this,through comparing with similar things like taxi service company and e-commerce platform,we get the particularity of network platform and its specific characteristics in actual operation.Then on the basis of the analysis of a large number of practical cases and the in-depth research and concrete analysis of the theoretical differences of the various parties on the form of civil liability of the ride-sharing platform,combined with the beneficial reference of the foreign superior system,The paper puts forward the assumption that the ride-hailing platform in our country should bear the specific civil liability according to the two different operation modes in reality.Concretely speaking,under the operation mode of information service provided by the online car platform,it is a cooperator and a cooperative relationship between the platform and the driver.It needs to bear the unreal joint and several liability.Under the operation mode of information service and transportation service provided by the platform,the platform is the new transport contractor,the labor relationship between the platform and the driver,and the platform is the responsibility of the new transport contractor.These two elements complement each other and integrate each other,which is conducive to better protect passengers' transport safety and legitimate rights and interests,and promote the careful implementation of their respective responsibilities of platforms and drivers,so as to ensure the positive development of net car industry.