| Since 2012,the online car-hailing has been swept around the world at an extremely fast speed with its advantages of environmental protection,comfortable,and convenience,and it has become a popular trend.On July,2016,The Ministry of Communications issued the “Interim Measures for the Administration of online car-hailing Business Services”(hereinafter referred to as “Interim Measures”)and gave an affirmative answer to the online car-hailing service.Since then,the local governments have successively introduced specific implementation measures to standardize the development of new forms of online chauffeured car services.Through Case one,this article leads to the emergence and development of online chauffeured car services,and then makes explain the “Interim Measures” and the local government’s management of the vehicles and drivers of the online chauffeured car services,and it conclude that the current regulations impose strict restrictions on online chauffeured car services.It is worthwhile to discuss whether it is reasonable to manage the online chauffeured car services under the new business conditions in a franchise manner.At the same time,through case two,the problem of liability for infringement of online chauffeured car services was elicited.The security of online chauffeured car services has attracted much attention,and the assumption and division of tort liability has also become a problem when the court is handling cases.The article will be combined with the “Tort Liability Act” to describe the infringement of online chauffeured car services in three modes:Labor contract model,affiliate network platform model and information technology agreement model,and draw conclusions based on the different legal relationships between the network platform and the driver:in practice,the main body of tort liability shall be accurately distinguished according to the different relationships between the network platform and the driver.According to the analysis and understanding of the online chauffeured car services,proposed regulation in the form of a general license,The network reservation platform should purchase the insurance for the vehicles and passengers of the online chauffeured car services and differentiate the responsibility of the network platform,and the liability for the infringement shall bear the corresponding responsibility according to the different relations between the network platform,the working vehicle and the driver.The article uses case analysis to enumerate two cases,a brief explanation of the concept and development of online chauffeured car services,and put forward the controversial focus of this article:the qualification of vehicle management and driver,responsibility for infringement.and then use literature research methods to collect information,read and analyze the literature about online chauffeured car services.At the same time,use the method of empirical analysis to make a logical interpretation of the online chauffeured car services and summarize the experience in practice.Through the assumption of a rational person,the starting point is the “Interim Measures for the Administration of online car-hailing Business Services”.Last,proposing relevant legal advise,it is hoped that it will promote the development of online chauffeured car services. |
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