Research On Several Legal Issues Of Network Car Platform

As a new business combination of the Internet and the transportation industry,the network car provides passengers with precise "peer-to-peer" passenger transportation services,improves the travel efficiency of existing vehicles,helps optimize the allocation of idle resources,and promotes the development of shared economy.In the development,the network car platform has gradually formed different business modes such as taxis,express trains and special vehicles.This paper combines the "Interim Measures" to determine the status of the carrier,the legal relationship,legal status and legal responsibility of the network car platform.Carry out research and analysis,and put forward suggestions for improvement,and hope to accurately define the different legal relationships,legal status and responsibility commitments under different network car models,and provide reference for the academic community to correctly understand the legal relationship,legal status and responsibilities of the network car,for the effective governance of the government.The network car provides a new idea.Different business models of the network car platform have different legal relationships with the driver:the platform and the driver form a legal relationship in the network taxi mode;the labor relationship or the factual labor relationship is formed in the full-time mode of the express train or the private car;The labor law relationship is formed in the car express train and the special car part-time mode;the network contract mode forms an intermediation legal relationship.The legal positioning of the network car platform is not a traditional passenger transport carrier,nor is it merely an intermediator who provides information services to drivers and passengers.It has different legal status in different legal relationships and assumes different legal responsibilities.In the network taxi mode,the taxi company assumes the status of the carrier,and the network car platform assumes the status of the intermediary;in the network mode,it assumes the status of the intermediary;in the network express train,the full-time mode of the car Assume the carrier's status;in the network express train,special car part-time mode,the network car platform bears the responsibility of the new carrier,that is,the network car platform does not need to bear the mandatory contractual obligation of the traditional carrier,and it bears the joint responsibility with the driver,and it bears the first compensation.After the obligation,the audit responsibility and the duty of care can be recovered from the wrong party according to law.The legal responsibility of the network car platform network car can be divided into network car default liability,tort liability.The breach of contract mainly includes three forms of performance:non-performance,delayed performance,and performance.It should bear the responsibility of continuing to perform and compensate;the tort liability mainly suffers from physical infringement,traffic accident infringement,etc.,and bears different tort liabilities according to different legal relationships.Net car safety is much higher than traditional taxis,but this does not mean that the supervision of the network car platform can be relaxed.