Research On The Identification Of Tort Liability Under The Differentiated Model Of Online Car-Hailing Service

In the context of sharing economy,ride-hailing platforms emerge at the historic moment.The huge value nurtured by the market overcapacity makes the emergence of ride-hailing platforms meaningful,which fully reflects the information optimization and integration advantages of the Internet era.The use value of private cars can be fully utilized to integrate idle social resources and expand employment channels at the same time,thus realizing the innovation of people's travel modes.However,the lack of legal norms in the online car-hailing industry and the general low awareness of service and responsibility of private car owners have also brought many negative effects,making the protection of passengers' rights and the development of the online car-hailing industry seriously challenged.In the online car-hailing service,the legal relationship is unclear,the responsibility identification is unclear,and the dilemma of different judgments of the same case often occurs.The rights,responsibilities and interests between the participants are not clear,which leads to the aggravation of social risks.Therefore,it is urgent to clarify the legal status of the platform in the online contract service and make a correct assessment of the legal relationship between the parties.With the rapid development of online car-hailing industry,attention should be paid to risk control and responsibility sharing mechanism,and reasonable institutional arrangements should be made to relieve worries about the sustainable and healthy development of online car-hailing industry.Therefore,this paper will take the identification and undertaking of legal liabilities in online ride-hailing service as the research topic,in order to provide a feasible idea for solving relevant practical problems:The first one is the raising of the legal issues.By collecting and sorting out the legal disputes related to the infringement of ride-hailing services,it is concluded that there are frequent infringement damage cases and no remedy for passengers' damages in China's current ride-hailing industry.At present,there are still a lot of disputes about the identification and undertaking of liability for damages of online ride-hailing services,and the liability identification is in a dilemma,which provides an empirical basis for the legal status,internal legal relationship and legal liability identification of the follow-up platform.The second part analyzes the basic elements of the current online ride-hailing business operation model.Firstly,the legal connotation of the concept of ride-hailing is explained,and then the current operation mode of ride-hailing is interpreted and analyzed.The currentoperation mode is mainly divided into four types: taxi mode,express mode,free ride mode,platform-owned vehicle mode and four-party agreement mode.By analyzing the commonness and difference of the five modes,the operation modes of the platform are classified into two types: one is the mode of providing only information matching service;The first category is "providing information matching service + participating in actual operation",which lays the factual element support for the legal status and legal responsibility of the platform and other parties in the ride-hailing service in the following research.The third part is about the legal status and internal legal relations of the car-hailing platform.Defining the legal status of online car-hailing platforms is the key to the division of responsibilities.Scholars have different opinions on the legal status and internal legal relations of online car-hailing platforms.Another point of view is that the platform is the carrier,is the parties to the passenger transport contract,should bear the responsibility of the carrier.Based on the consideration of encouraging innovation in the online ride-hailing industry,the online car-hailing platform is defined as a special carrier in combination with the "interim management measures on online car-hailing" and other legislative provisions,and the specific legal relationship is identified as a cooperative relationship and labor relationship.The fourth part is the identification and assumption of liability for infringement and damage in online car-hailing service.Firstly,the basic principles of damage liability identification should be followed,including encouraging the development of online car-hailing industry,balancing interests and protecting the rights and interests of victims.Then,it analyzes the basic obligations that the ride-hailing platform should undertake as a special carrier,including the obligation of compensation in advance,the obligation of security guarantee and the obligation of prudent review.Finally,on the basis of the foregoing,it makes a detailed analysis on the identification and assumption of liability for infringement and damage by distinguishing the dual operation mode of online car-hailing.