Research On Tort Liability Of Ride-hailing Platform

In the Internet the rapid development of the information age,big data has been a focus of attention in various industries to focus on,the traditional transportation industiy with the support of the Internet like a duck to water,about car platform arises at the historic moment,as a typical "Internet" enterprise,through the use of big data better service for the transportation of tourists 'travel to provide quality,adapt to the needs of the cuirent China's economic development,meet the aspirations of the masses,more convenient to go out the daily travel,in the state,society and individual is extremely beneficial.Network about car platform through in recent years the rapid development of transportation market in our country occupies the extremely advantageous position,the market prospect one be bright,but can not be ignored is associated with industiy development and at the same time also appeared a series of violations and caused a lot of legal disputes,and properly deal with these problems is the precondition of the industry to development healthily,this article will take the platform of the legal position and tort liability as the main research topics,from the market in four operating modes one by one analysis platform of tort liability.The first part mainly analyzes the legal position of the platform,respectively introduces four kinds of its operating model and analyzes its basic operating process and in which the subject of legal relationship,and the current theoretical controversy about how to locate the legal position of tluee kinds of doctrines one by one,on the basis of summarizing the experience of others in combination with own understanding summed up their own personal views.The second part mainly analyzes the identification of tort liability of the platform.Web about tort generally divided into three categories:car information tort,tort infringement of personal attack and traffic accident,this paper will analyze one by one,in the real life in the traffic accident tort occurred more,reason is analyzed under the plate of platform under different operating mode,after the traffic accident should decide how to responsibility main body and the question of how to share the responsibility.Then it discusses how to deal with the concurrence of liability for breach of contract and liability for infringement.By analyzing the nature of online ride-hailing contract and combining with the form of liability for infringement,it points out how to choose when the concurrence of liability for breach of contract and liability for infringement occurs,so as to protect their legitimate rights and interests to the maximum extent and obtain more compensation.The third part mainly analyzes the legislative status and existing problems of the platform.By analyzing several relevant laws that currently regulate the ride-hailing platform,it points out the main problems:lagging legislation,unclear legal positioning,and lack of classification of tort liability.The fourth part mainly puts forward specific Suggestions for improvement,hoping to effectively regulate and supervise the online ride-hailing market in relevant laws and judicial interpretations,so as to better provide correct guidance for this promising emenging industry.