Research On The Responsibility Of Drip Platform In Traffic Accident Under The Express Mode

With the development of the Internet,the passenger transport mode has gradually changed.The taxi software such as Shenzhou and Didi is a new type of passenger transportation.The rise of taxi software,the number of infringements of traffic accidents during the driving process of the network is increasing.This kind of Internet-involved taxi software makes the legal relationship between the platform and the driver ambiguous.In practice,many cases have appeared in the same case.Different judgments.As the mainstream platform for taxi software,Drip is the most widely used taxi software.The determination of the legal relationship between the platform and the express driver is the key to solving the problem of responsibility,and it is also an urgent problem in the development of the taxi software industry.This paper selects two controversial cases from practice,and deals with the responsibility of the traffic accident caused by the vehicle in the driving process of the Drip Platform and the different judgments of the court in the relevant judgments.To explore the legal issues that exist in practice.First of all,whether the Drip Platform has the legal status of the carrier in the express mode;this is the basis for determining whether the Drip Platform is responsible.This paper combines relevant theories to determine the legal status of the Drip Platform and the Express Driver with the common carrier.Secondly,the legal relationship between the Drip Platform and the Express Driver is determined.Through practical investigation and research,the express driver can be divided into a full-time express driver and a part-time express driver.The full-time express driver and the platform establish a labor relationship,and the part-time express driver and platform establish a new type of non-standard labor and employment.Finally,taking the legal relationship between the express driver and the drip platform as the starting point,it is concluded that when the full-time express driver drives a vehicle in a traffic accident,the platform bears the liability for infringement compensation;when the part-time express driver drives the part-time express driver jointly bear the liability for infringement compensation.