Tortious Liability Of Traffic Accident In Online Car-Hailing Service

With the advent of the Internet era,sharing economy has gradually become the most important force in the social service industry.With the advantage of its large data analysis,Internet technology,and efficient resource allocation,it gradually penetrates into our lives.Didi online car-hailing platform,which came out in 2012,has revolutionized the field of transportation as a disruptor.The emergence of the online car-hailing service breaks the rental field controlled by traditional taxi or rental companies.With mobile applications,the supply of social travel vehicles rapidly enlarged,making up for the lack of urban public transport and taxi capacity.The online car-hailing service which integrates the off-line idle traffic service resource,effectively matches the demand side and the vehicle supplier to achieve the best interests of both sides.Until the implementation of the Interim Measures for the Management of Online Reservation Taxi Operations and Services in 2016,the online car-hailing service industry gradually stepped into standardized management.Of course,traffic accidents inevitably occur in the course of the online car-hailing service.in the same time,the damage compensation disputes are not uncommon.Although the online car-hailing service offers fast,convenient and high-quality services for the public,it also hides huge risks.Faced with this new industry,the online car-hailing traffic accident liability is in lack of the effective legal regulations.Compared with the common motor vehicle tort liability,the online car-hailing platform has more operational mode,which involves the complexity of multi-party legal relations.Because of the legal blank of the main responsibility in this area,the same situation would bring about a different verdict in judicial practice.Therefore,this article will take the responsibility of infringement of network contract car traffic accident as the subject of discussion.Under the background of four operation modes in the online car-hailing service,this article will use the relevant provisions of tort liability law and contract law,and analyze the legal relationship of different modes of the online car-hailing service.At last,this article will provide feasible suggestions for traffic accident infringement cases in the online car-hailing service.This article is divided into three parts.The first chapter is an overview of the tort liability of the traffic accident in the online car-hailing service.Combined with the characteristics of the online car-hailing service and its existing four types of business model,this chapter will make a classification summary,and analyze the traffic accident tort liability components in online car-hailing service.The second chapter will analyze the problem and the legal relationship involved in traffic accident tort liability of online car-hailing service's different models.Through the analysis of this chapter,the legal problems of different business models in practice need to be solved urgently,and the legal relationship under different modes need to be further defined,which involving online car-hailing platform,driver,passengers and taxi companies.The third chapter is to complete the liability for tort of traffic accidents in online car-hailing service.The author thunks that the online car-hailing platform company plays an important role in this traffic service,and its responsibility should be highlighted in the regime construction.This chapter will use the dualism to analyze the legitimacy of the network platform in the tort liability,and puts forward the responsibility that the network platform company should bear under different modes.At the same time,it also puts forward some suggestion to improve traffic accident tort damage compensation in online car-hailing service,such as the pre-payment obligation,the insurance guarantee system and the relief fund system.Only by defining the tort liability of the traffic accident in online car-hailing service can the healthy development of this industry be promoted and the rights and interests of the victims be protected.