Case Analysis About Car-Hailing Servers' Civil Liability In Traffic Accident

Since the advent of the car-hailing,it has brought great convenience to people's travel.Compared with traditional taxis,the internet car-hailing can be based on the travel mode and specific travel needs of passengers,in a wider range,and more.High efficiency,providing more targeted services.Since November 1,2016,the implementation of the Interim Measures for the Management of Online Appointment of Car-Hailing Servers' Business Services,the legal status of online travel vehicles has been officially recognized in China.This is also the country's recognition of the “Internet + Travel” model.However,how to understand the responsibility of the carrier of the platform,how to clarify the legal responsibility of the two from the relationship between the complicated platform and the driver,the "Interim Measures" did not make too many explanations,resulting in the introduction of the new regulations,but the controversy has not yet been stopped.Therefore,this paper mainly discusses the civil liability of the platform in the car-hailing traffic accidents.This article is divided into three parts: the introduction,the main text,and the conclusion.There are three chapters in the text:The first chapter,the facts and legal disputes.Two representative cases of traffic accidents in the network about car were selected,the basic case was introduced,and the problems to be discussed in this paper were cited: the civil liability of the online vehicle platform in its traffic accidents and the legal disputes arising from the cases.The second chapter is the legal analysis of the focus of the dispute.In the existing legal context,according to the actual conditions of the operation of the network about the car and the relationship between the various rights subjects,a legal analysis of the relevant disputes arising from the case was conducted.Firstly,it analyzes the legal position of the platform in conjunction with the case;secondly,it discusses the legal relationship and liability between the online vehicle platform and the driver;finally,it conducts a legal analysis of the relationship between the online vehicle platform and the passengers.On the basis of this,the legal liability of the carriers in the traffic accidents on the Internet is further discussed.The third chapter,the relevant thinking and legal advice triggered by the case.On the basis of the legal analysis of the previous chapter,the author rethought some of the problems in the compensation case for traffic accidents on the Internet and put forward relevant legal suggestions on the platform's commitment to civil liability in traffic accidents.