On The Subject Of Civil Liability Of Car-hailing Traffic Accidents

In the context of the Internet + era,ride-hailing,as a new form of transportation,has developed rapidly.Ride-hailing is different from the traditional taxi operation business,and also different from the traditional passenger behavior of the legal system.With the rapid development of ride-hailing,car-hailing traffic accident cases are emerging.However,due to the incomplete legal regulation of online ride-hailing business in China and the different judgments of courts in different regions on the cases of traffic accidents caused by online ride-hailing,opinions vary in the academic community on the legal relationship between the parties involved in online ride-hailing,resulting in the difficulty in determining the subject of civil liability after the occurrence of online ride-hailing traffic accidents.In order to fully protect the legitimate rights and interests of the injured party and balance the interests of all parties,this paper will start from the legal relationship of all parties involved in the ride-hailing service and study the responsibility of all parties after the traffic accident.This paper is divided into six parts: preface;Overview of ride-hailing operation mode;Under the self-operation mode of the platform,the subject of civil liability for traffic accidents;The subject of civil liability of traffic accident under the four-party agreement mode;The subject of civil liability of traffic accident under the mode of private car attachment;conclusion.In the first part,it mainly explains the writing background of the paper,that is,as a new business form in the field of transportation,the complex operation mode and legal relationship of ride-hailing hinder the identification of the subject of liability after traffic accidents.The second part classifies the current operation mode of ride-hailing mainly based on the legal relationship between the parties.The third part introduces the legal relationship between the parties and the liability after the traffic accident under the self-operation mode of the platform.The fourth part introduces the legal relationship between the parties under the four-party agreement mode,and discusses the liability after the traffic accident.The fifth part introduces the legal relationship between the parties under the private car affiliated model and the liability after the traffic accident.The sixth part is the conclusion.This paper divides the current operation mode of online ride-hailing into three categories,discusses the legal relationship between the parties involved in the operation of online ride-hailing under different modes,and then makes it clear who will bear the liability for compensation after the traffic accident,and how to divide the liability among the parties.