The Research Of Online Car-hailing Rules Of Liability For Tort

Online car-hailing,an epoch-making significant sharing travel mode,brings grest convenience.At the same time,the security of it has always been the focus of social controversy.This paper takes the case of online car-hailing infringement as the logical starting point,and then leads to the subject of liability assumption of network car charter tort,hoping to ensure that the legitimate rights and interests of the victims are not infringed.It also encourages the healthy development of shared travel patterns and the realization of fairness and justice.The first part of this paper is the raising of the problem.The author compares five typical cases of online car-hailing traffic accidents to investigate the responsibility of the online car-hailing platform,which leads to the dispute of the online car-hailing infringement cases in practice.In order to provide the empirical basis for the subsequent analysis of the legal relationship,legal attributes and legal liability of the online car-hailing platform company.The second part is an overview of the basic problems of online car-hailing.It mainly explains the difference between the online car-hailing platform and the traditional network platform,including the business model,the legal relationship and the legal attribute of the online car-hailing platform company.Through the research,we can find that differences are obviously between the online car-hailing platform and the traditional network platform.Online car-hailing platform must rely on offline physical contact to complete the transaction.In order to open up consumer market in different levels,online car-hailing company develops different types of business models.On that basis,the online car-hailing platform company forms a diversified legal relationship and legal attributes.The third part is about the rules of tort liability of the online car-hailing company.Based on the clarification of the basic problems of the online car-hailing,this part focuses on the corresponding rules of tort liability under the premise of diversified business model.They are the hitch-car mode,the taxi mode,the special express mode.Under the model of hitch-car and taxi,the company is not responsible for tort in principle.Under the special express mode,as a carrier,the online car-hailing platform company shall,after the occurrence of the traffic accident,act in accordance with the Tort liability law by the relevant provisions of the law.The fourth part is the suggestion of standardizing the operation of online car-hailing network.The author considers that we should design the insurance products suitable for the online car-hailing operation and realize the risk transfer.And in the responsibility order,we should reflect the idea of "insurance compensation mechanism + platform compensation mechanism + platform recovery mechanism",and try to solve the problems through the insurance mechanism.In practice,it should be made clear that the online car-riding platform company should bear the compensation liability for the victim with insufficient insurance coverage under the special express mode,the platform company can exercise the right of recourse to the relevant responsible person after performing the compensation obligation.