| With the rapid development of “Internet plus" industry,online taxi has gradually replaced the traditional taxi and becomes an important way of everyone's travel choice.The problem of rapid development with respect of complex network between platform,driver,taxi company,labor assignment company and the passengers,attributed by the unclear rights and responsibilities of the parties,the imperfect government legislation and the inadequate supervision of the relevant organs the injured parties are often unable to get compensation from online taxi.In the established cases,People's Court did not keep a consistent standard in similar trials,and the opinions in the award were not convincible.In addition,the academic papers which discussed the relevant topics are mainly focused on contracts issue and the theoretical problems before the "new regulations" were enacted.Both in the layer of theory and practice,the most prominent problem in this field is that it does not take into account that network vehicles operating in different modes and it should be analyzed and discussed separately.This paper adopted the standard of identifying the tort liability for the tort of the car as the theme of the paper,guided by the new regulation of online taxi,starting with the practical sight of the operation of online taxi platform,using the method of classification and discussion,to distinguish the different operating modes,further,based on the fault principle specified in PRC torts law,and discuss from two aspects,which is basically the legal relation between platform and the driver,and the legal status of the platform. |
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