On The Determination Of The Subject Of Civil Liability For Distress Damage Of Human Caused By Didi Express Traffic Accidents

In the network car appointment service,Didi company occupies the leading position in the industry with more than 90% of its market share.As a service of Didi company,the combination mode of the private car and the private car driver of Didi Express is the mainstream of the current network car Market,and it’s the representative of the Internet economy and the sharing economy.In the legislative aspect of the network car,the Ministry of Communications and other ministries and commissions promulgated the “Interim Measures of Taxi Management Services of Network reservation”(referred to as the the “Interim Measures of Network Cars” or“Interim Measures” in the text).The platform’s carrier’s liability has been stipulated in“Interim Measures”.What is the responsibility of the carrier’s responsibility in the identification of the liability subject for the traffic accident is not clear.In the content of the Law of the People’s Republic of China on Tort Liability(referred to as the Tort Liability Law in the text)and the Law of the People’s Republic of China on Road Traffic Safety(referred to as the Road Traffic Safety Law in the text)about the determination of the civil liability subject for the damage caused by the traffic accident,no mention was made of the identification of the subject of civil liability for damage caused by traffic accidents on Didi Express.There is no specific provision for the subject of liability in the legislation at the national level.After the introduction of the "Interim Measures",the local legislation on the network car issued by various places also showed a non-uniform recognition attitude on the identification of the subject of civil liability for the traffic accident caused by the Didi Express.At the practical level,it is also doubtful that the judgment opinion of the responsible party of the Didi Express traffic accident is inconsistent.It is necessary to be clear about the liability subject.In the academic disputes identified by the Didi Express traffic accident,the key point is the legal relationship between the Didi Express network platform(hereinafter referred to as “Didi Express Platform”)and the Didi Express driver(hereinafter referred to as “Express Driver”).In the identification of the above,under different legal relations,the views of the academically responsible subjects are also inconsistent.According to these viewpoints,the classification is analyzed,the legal relationship between the two is rationally constructed,and the legal relationship is determinedthrough the two levels of sufficiency and necessity.The legal relationship between the Didi Express platform and the Express Driver is service relations.Under the framework of the identification of service relations,in the specific identification of the responsible subject,the choice based on the theory of the subject of traffic accident liability and the special consideration based on the four identification factors include the factor of victim’s benefit,finally determine that the Didi Express platform will assume the responsibility for the first-line compensation for damages in the external relationship,and the internal relations will be based on the fault to determine the ultimate responsibility of the final.Finally,the paper will also analyze the identification of the responsible subjects in three special circumstances,so as to form a relatively complete system of identification of the civil liability of the person responsible for the traffic accident caused by the Didi Express.It is hoped that this research can provide certain reference value for the legislation and judicial practice of the responsibility of the responsible person of the traffic accident of the network,and provide the basis for the research of the responsible subject of the Tort Liability Law.