| Sharing economy conform to the green concept of development advocated by China,while online car-hailing is a typical representative.Interim Measures for the Administration of Online Car-hailing Booking Business Operations and Services were jointly issued by seven ministries and commissions in 2016 so as to make corresponding management for online car-hailing,and better promote its development.It has made preliminary regulations on the online car-hailing market.The measures affirm the legal status of online car-hailing service,makes corresponding regulations for online car-hailing service and its platforms,and stipulates the platforms' responsibility as the carrier's responsibility.But facing the frequent online car-hailing traffic accidents,it cannot answer the question of whether the platform is the subject of infringement liability in traffic accidents.On the one hand,online car-hailing makes our life more convenient.On the other hand,facing the traffic accidents of online car-hailing,the infringer finds it difficult to claim.Therefore,it can better protect the infringers' rights if the problems that what kind of responsibility should the online car-hailing platform bear in a traffic accident could be effectively solved.The paper is divided into five parts.The first part raises the existed problems by analyzing three different cases.Practically,it has not shared the same view on the legal status of online car-hailing platform,for example,the complex relationship between online car-hailing platform and drivers,and the question on whether the platform bearing responsibility in traffic accidents.The second part introduces China learn from related foreign legal system.The third part discusses the current status of online car-hailing and its platform in China,which is the basis of studying the infringement liability of online car-hailing platform.The fourth part analyzes the legal status of online car-hailing platform,and introduces the following three systems: car rental system,platform own system and private car owner joining system.It introduces the legal status of the platform,which is defined as intermediaries,operators and carriers.But in this article,the platform is defined as carriers,except for the car-sharing services,whose platform should be intermediator.The legal relationship between the platform and the drivers is also included in this part,it affecting what kind of responsibilities the platform should bear in traffic accidents.The last part analyzes the tort liability of online car-hailing platform.This part analyzes online car-hailing platform enjoys the operational control and benefits,meeting the identification criteria of the motor vehicle side,so the platform can be regarded as the infringing body in traffic accidents.From the perspective of different operating modes of online car-hailing,the paper makes discussion and analysis on the legal status of online car-hailing platform and the relationship between online car-hailing platform and drivers.The author attempts to solve the problem that whether the platform will become the subject oftort liability in the traffic accident by analyzing these different situations.In this paper,it gives us a definite answer that online car-hailing platform can become the subject of infringement liability in traffic accidents.In the platform,these modes: private car service mode and car-renting mode with recruitment drivers,the full-time private car drivers engaging in online car-hailing service should be identified as labor relations.Therefore,according to the Article 34 of the Tort Liability Law,the online car-hailing platform shall bear the infringement liability.While,for the part-time private car owner,the paper believes that the platform shall assume joint and several liabilities.And in car-sharing service,whether the platform should bear the tort liability shall be based on the fault principle.I really hope that it will be applied in solving real problems of the online car-hailing platform of sharing the blame in traffic accidents. |
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