Analysis On The Legal Responsibility Of The Platform And The Driver In The Online Private Car Mode

There is a great difference between the online car-hailing and the traditional Taxi,which are developed by the "Internet +" technology.Online car-hailing is the product of the Internet era.It has essential difference with the traditional passenger services,therefore,we need to define the rights and duties about online car-hailing platforms and drives.In the very great degree can also needs to be clear about the online car-hailing platforms and car drivers between the liability for breach of contract and tort liability.There are a variety of operating modes in the online car-hailing platforms.The object of this study is the model of "private car + private car driver" in the mode of online car-hailing express.In this model,dfferent scholars have different opinions about the legal relationship between the online car-hailing platform and the driver.This paper considers that The relations betweenonline car-hailing platform and drives are commission contract.In the determination of the relationship between the two,through the comparison of the contract between the contract and labor relations,the employment relationship is said,the intermediary contract says,thus draws its own conclusion.In the "private car + private car driver" model,it is more reasonable to use the commission contract to identifine the relationship between of two.In this part,it is divided into two parts: the liability for breach of contract and the tort liability.In this part of the liability for breach of contract,first,through interpretation about car driver was established about the particularity of the agency appointment contract to car driver and the online car-hailing platform of contract about car time,location,and mark.Thus,it can be concluded that the two ways to bear the liability for breach of contract are to continue to perform and compensate for the losses.The next,by studying the exemption of liability in general breach of contract,concludes that the exemption of "private car + private car driver" model should follow the current law of our country.In the part of tort liability,this paper focuses on the tort liability of the online car-hailing platform in the traffic accident.In this paper,firstly,it is believed that in the traffic accident,the liability should bedetermined in accordance with the law as stipulated in the law,and the platform should bear carrier responsibility to passenger.Secondly,in this case,according to the "operation benefit" of "dualism",the driver of the ride-hailing service should also be liable for the passengers’ compensation.In the infringement of a third party other than the passenger,the driver of the online car-hailing service shall bear the primary responsibility,and the car-hailing platform shall bear the supplementary liability to the third party.At the same time,the driver sufferring the damage cause by completing the work of the car-hailing service,the ride-hailing platform should undertake some responsibility for the losses suffered by the drivers themselves.