Research On The Legal Relationship Between APP Travel Platform And Driver

Network rental with the development of social economy has become a part of people's lives inseparable.But the net about car as a new industry,the rapid development of the various legal problems.Among them,especially the legal relationship between the driver and the network about car platform company employment model is the most prominent,becoming the main focus of controversy in the growing network about car related cases.However,in the judicial practice of our country,there are different opinions about the legal relationship between the two parties.The first chapter briefly introduces the four similar cases,four different conclusion judgment leads to the focus of dispute in this paper,namely the APP travel platform company and the driver is the labor contract and employment contract relationship or intermediary contract relationship;In the second chapter,the author analyzes the rules of the APP travel platform business.However,the rules do not define the legal relationship between the two parties;In the third chapter,the author puts forward its own argument,because the complexity of APP travel platform business itself,the definition of legal relationship between the company and the platform driver should use the type of analysis,in the generation of driving "and" special train "mode two for employment contract relationship,should be in the" rental contract relationship "with the" ride "mode two;The last chapter of this paper mainly puts forward the traffic accident responsibility subject of the problem of determining the legal relationship between the company and the driver APP travel platform derived from the definition,theoretical analysis of this article to return to practice,has a certain practical significance for solving related cases.