The Nature Identification And Liability Of Car-hailing Platform Company

Online car-hailing business service involves many subjects,the legal relationship among the parties is relatively complex.In the case of car-hailing traffic accident,therefore,it is difficult to determine of the subject of tort responsibility.To study the tort liability of the online car-hailing platform company in the case of ride-hailing traffic accidents,the first step is to identify the legal nature of the platform company itself and its legal relationship with relevant subjects.Article 16 of the Interim Measures of Car-hailing determined the carrier liability of platform company,but this can only provide a partial answer to the tort liability problem of platform companies.Since the Interim Measures of Car-hailing do not clearly stipulate the legal relationship between the platform companies and the drivers of ride-hailing services,and exclude the ride-sharing from the scope of application,there is no unified judgment standard for the trial of such cases in judicial practice.Therefore,this paper focuses on analyzing the theoretical basis of platform companies' liability,and then explores the tort liability of platform companies in online car-hailing traffic accidents.In addition to the introduction and conclusion,this paper is composed of the following three parts:The first part through the introduction of the two typical online car-hailing accident cases,combing the practice problems of courts in such cases,namely the court's disagreement on the legal position of the platform company itself and the determination of the relationship between the platform company and the driver.Court gives different qualitative,often also can form different judge.On the basis of the foregoing,this paper further introduces the core issue to be discussed in this paper--how to determine the tort liability of the platform companies in the cases of ride-hailing traffic accidents.On the one hand,in order to fully protect the infringed,it is necessary to fully explore the possibility of the platform company taking responsibility.;on the other hand,when identifying the platform company as the infringement subject,the characteristics of the ride-hailing industry should be taken into consideration and the different business models of the platform company should be considered,instead of indiscriminately “one size fits all”.The second part is intended to identify the nature of the platform company.This part mainly focuses on the legal status of the platform company and the recognition of the relationship between the platform company and the driver,so as to lay a foundation for the solution of whether and what kind of responsibility the platform company should assume when the online ride-hailing vehicle is involved in a traffic accident.As for the legal status of the platform company,although it is classified as a carrier by administrative regulations,but in theory,scholars hold different views,such as information provider theory,intermediary theory and carrier theory.In terms of the relationship between the platform company and the driver,there is a big controversy between the two under the express mode,which can be summarized as three perspectives: labor relationship,labor relationship and cooperative relationship.Considering the different types of ride-hailing,it is necessary to distinguish and identify the nature of the platform companies.Under the mode of especial car,the platform companies are carriers,and according to the different sources of drivers,they establish labor relations or labor dispatch relations with the drivers;under the express mode,the platform company is the carrier and the partnership is between the driver and the platform company;in the ride-sharing mode,the platform company shall be defined as the intermediary,and the intermediary contract relationship shall be established between the platform company and the driver.The third part aims to clarify the tort liability of the platform companies in the cases of ride-hailing traffic accidents.In the especial car mode,the platform company is the subject of tort liability,and takes the responsibility of the employer;in the express mode,since the platform company and the driver are cooperative,they jointly constitute the carrier or the motor vehicle,and are jointly responsible for the infringement,they bear joint and several liabilities externally and share responsibilities internally;in the ride-sharing mode,the platform company is not the subject of tort liability,so it is not liable for tort damages in the ride-sharing traffic accident,except that it is at fault for the occurrence of the accident.