Research On The Liability Of The Platform Company's Damages In The Traffic Accident Of The Car-hailing

So far,car-hailing services has been developing in China for many years,making people's travel mode undergo tremendous changes.However,while the new economic form is flourishing,the hidden legal risk will inevitably be exposed.In practice,the platform company advocates that it seeks to avoid responsibility for the traffic accident,and the insurance company also refuses to compensate for the use of private vehicles.Private car owners are placed in an isolated position to face compensation alone,and their economic inferiority often makes the victims unable to obtain assistance for the first time.Therefore,the uncertainty of the identity of the parties in the new economic model is a major obstacle to the development of the car-hailing service.It is the most important issue to clarify the actual role of the parties in business activities and rationally allocate their responsibilities.This paper,starting from the identification of the identity of the platform company,combing the relationship between the platform company and the driver with the British and American jurisprudence and the related rules,and combining the judgment of“operating interest” and “operation control” in the theory of motor vehicle tort,puts forward the Countermeasures after the traffic accident is produced by the car-hailing services.The supporting provisions provide suggestions for the system construction of China's car-hailing services.On the basis of introducing the concept and classification of the network vehicle,this paper makes a comparison between the service provided by the car-hailing company and the intermediary service by combing the responsibility type of car-hailing company in the traffic accident and the theory of responsibility for traffic accident.It is clear that as a passenger service provider,the carrier's identity should bear the responsibility in the specific traffic accidents.As the same time,the relevant cases and rules of the employer's responsibility of the Anglo-American are taken into account,it is analyzed theoretically whether there is a service relationship between the platform company and the driver.Then,we discuss the existence of the labor relationship from the legal perspective with our country to labor relations toidentify the relevant agreement.And try to put forward concrete ways to solve the situation that the relationship between the two is chaotic in practice.