Research On The Legal Relation Between The Platform And Drivers In Online Car-appointment Service

In the era of shared economy,the Internet has created many new business models,such as"DiDi Taxi"and"Shenzhou Special Car"platforms,which have been developing rapidly.In November 2016,the Interim Measures for the Management of Business Services of Taxi Online Reservation formally incorporated the online taxi into the taxi industry,and the supervision of the online taxi market seems to have a valid basis for the time being.However,the provisions of the Interim Measures on the relationship between drivers and platforms are still ambiguous,which leads to a series of problems,such as the unclear definition of the legal relationship between drivers and platforms,and the inconsistency of the rights and responsibilities of platform operation.Defining the relationship between the platform and the driver,paying attention to the driver's rights and interests,and clarifying the subject of compensation liability in tort disputes can play a proactive role in resolving disputes.Through the empirical analysis of the existing judgments,this paper explores the tendency of the court to identify the relationship between different business modes and the division of tort liability in practice,and provides the basis for the theoretical construction.The thesis includes three parts,the body is divided into 3 chapters besides of preface and conclusion.Chapter 1 is an overview of online car booking.It compares the two models of online car booking,and describes the business types of online car booking under C2C and B2C modes.Chapter 2 is Legal relationship between platform and driver in online car booking service.Focusing on the management mechanism of the contract car abroad,this paper focuses on the identification criteria of the legal relationship between the driver and the platform of the contract car in the United States:taking the"economic essence"as the criterion,and adopting a more relaxed identification of control rights.At the same time,the mainstream opinions of Chinese academia include:labor relations theory,intermediary relations theory,employment relations theory and contracting relations theory,and make a comprehensive analysis and evaluation accordingly.Chapter 3 is an Empirical research on the legal relationship between online car-booking platform and drivers.Starting from relevant cases,this chapter explores the relationship between online car-booking platform and drivers and the impact of the relationship between them on the distribution of tort liability in the form of empirical research.Chapter ? constructs a new type of labor relationship between platform and driver.On the basis of empirical analysis,it puts forward its own views on the identification criteria of legal relationship between platform and driver and the construction of new type of labor relationship.The author believes that the legal relationship between the online car-booking driver and the platform should be discussed according to the classification of modes and not be generalized.Accord:ing to the principle of fairness,we should build a new type of labor relationship which is in line with the characteristics of the network car-appointment industry,and adopt flexible employment forms into an effective supervision system.On this basis,we should also consider the subordination of the driver to the platform,and give the driver inclined protection in the determination of tort liability,so as to embody the legislative purpose of protecting the rights and interests of workers.