Research On Legal Issues Of Infringement Liability Of Online Car

The difference between On-line Booking Taxi tort liability and general tort liability in motor vehicle is that there is an On-line Booking Taxi platform.The On-line Booking Taxi platform can be confirmed as the subject of liability for tort,according to the nature of On-line Booking Taxi,the relationship between the vehicles company and the platform,the role of platform to play in the process of reserving a vehicle.Drivers can be considered a part-time or full-time employees about On-line Booking Taxi platform,for they get the On-line Booking Taxi driving qualification from the On-line Booking Taxi platform qualification audit,and they also get their orders through the platform.On-line Booking Taxi platform should be the subject of liability for tort,when the drivers provide On-line Booking Taxi services.The nature of vehicles are On-line Booking Taxis,for they obtain operating qualification and access to On-line Booking Taxi platform.On-line Booking Taxi platform should bear the responsibility of employers,when traffic accident occurred.The drivers' behavior is the implementation of job.The labor relations between the drivers and the On-line Booking Taxi platform can be determined by considering the characteristics of the drivers,and the working hours and service frequency.On-line Booking Taxi platform shall bear the responsibility of employers,and the driver of the tort shall be identified as job behavior,as long as the motor vehicle tort occurred in the process of network service platform take about the car,no matter whether the relationship between the drivers and the On-line Booking Taxi platform is a full-time or part-time labor relations.Vehicle drivers exercise direct control of the vehicle,while the platform exercise indirect control,when traffic accident occurred and the victims are the absence of fault.The drivers,the platform and the vehicle owners all enjoy the operation interests.The driver of the network controlled by driving about the car,the platform should bear the liability,for they enjoy the operation interests by control the On-line Booking Taxis and their drivers.This liability is concurrence with the employer liability,which is consistent with the provisions of China's "tort liability law".When the accident occurred during On-line Booking taxi,there is concurrence between On-line Booking Taxi tort liability and contract liability.Passengers can only choose one of them.If the passengers choose contract responsibility of the platform,they have no right to request the joint liability from the drivers,the vehicle owners.The scope of compensation request should be according to the contract of on both sides,and the "contract law" on passenger transport contract.If passengers request tort liability,they can require the On-line Booking Taxi platform,the drivers,the vehicle owners to bear responsibility for compensation,the request scope should be according to the tort liability law,including the loss and mental compensation.