Legal Relationship Between The Driver And Platform Company Under The Private Car Joining Mode

In the development of China's sharing economy,the ride-hailing service industry represented by "Didi Taxi" has witnessed the most vigorous development,among which the legal relationship between the ride-hailing drivers and the ride-hailing platform companies has been a controversial issue.In 2016,the Interim Measures for the Administration of Online Taxi booking Business was promulgated.However,there is no clear regulation on whether there is a labor relationship between the network driver and the network car platform company.Although the article 18 mentions that labor contracts can be signed,it is also mentioned that other agreements can be signed.The legal relationship between the two is conducive to determining the subject of the infringement damage and the rights of the driver of the network.At present,the service modes of ride-hailing platforms are diversified,including taxis,free rides,designated drivers,and private cars.Among the various models,the identification of the legal relationship between the parties under the private car joining mode is the most controversial in the academic and practice field.The private car joining mode refers to the mode that private car owners register on the online ride-hailing platform and use their own vehicles to pick up the passenger,and the typical private car service platform includes Uber,Didi Express.Therefore,this paper mainly discusses the legal relationship between the network driver and the platform under the private car joining mode.This paper includes three parts:The first part introduces the research status of the legal relationship between platform and driver under the private car joining mode,sort out the identified differences in theory and practice,and analyze the real problems arising from the unclear identification of legal relations.The second part is the dilemma and cause in the private car joining mode.The dilemma of the law is mainly understood from the legal and theoretical perspectives.By analyzing the causes of the predicament,it is found that the current legal system in China cannot solve the problem completely.The third part is the recommendation that we should reconstruct the labor relationship identification standard.