Study On The Civil Liability Of The Online Car-hailing Platform In The Traffice Accidents Of Online Private Cars

With the development of Internet technology and the rise of the sharing economy,the online private car-hailing industry has been booming.However,the problem of infringement liability of the online private car-hailing has also followed.As a major classification in the online private car-hailing,the online private car-hailing model is loved by private car drivers and passengers.Therefore,after a traffic accident occurs in a private car,the person who bears the civil liability and how to bear it has received more and more scholars' attention.Because the existing "Infringement Liability Law of the People's Republic of China" cannot fully clarify the main body of infringement liability of private cars,and the subsequent "Interim Measures for the Administration of Online Booking Taxi Operating Services" also has a certain degree of deficiencies,especially in actual operation.There will still be cases where the subject is unclear,resulting in defects in the civil liability of the specific private car platform.This article focuses on solving this problem.The premise and key to solving the civil liability of the private car platform in the traffice accidents is to clarify the legal status of the private car platform and define its legal relationship with the private car driver.The legal relationship between the online private car-hailing platform and the online private car-hailing driver is unclear.The unclear liability of the infringement liability of the private car caused by the private car is the main problem currently existing in the identification of the civil liability of the private car platform.Many scholars believe that the online private car platform is an intermediator.The author does not agree with this view.The online private car-hailing platform participated in the whole process of the operation of the private car.The participation of the private car platform is far more than the participation of an intermediaries.Article 16 of the Interim Measures stipulates that the legal status of the online private car-hailing platform is the carrier.The online private car-hailing platform serves as a branch of the online private car-hailing platform and of course the carrier.This article recognizes this view.The online private car-hailing platform has the obligation to ensure the safety of operations and protect the legitimate rights and interests of passengers.After signing the passenger contract with the passengers on the private car platform and the passengers,if they fail to fulfill the contractual obligations of safely delivering the passengers to their destinations and protecting the passengers' personal property from loss,they will be liable for breach of contract.If it causes the loss of personal property of the passenger or third party,it also constitutes a tort liability.Therefore,the online private car-hailing platform is likely to have a breach of contract liability and tort liability in the case of civil liability.Regarding the legal relationship between the private car platform and the private car driver,this paper believes that it cannot be generalized.It should be analyzed according to the specific situation: the private car drivers are divided into full-time drivers and part-time drivers.The legal relationship between the two and the private car platform is different.Only by clarifying the legal relationship can we provide a theoretical basis for the subsequent civil liability determination and civil liability.For a full-time driver,even if there is no labor contract,it also constitutes a factual labor relationship.While the network about private car platforms and part-time drivers,the author believes that constitutes a common co-carrier relationship.Although the “Interim Measures for the Administration of Online Private Car-hailing Management Services” has been issued at the national level,local governments have also issued corresponding local laws and regulations on regulating private cars and private car platforms for online cars.The platform and the network about private cars have been standardized.However,there is a problem in the legislation that the level of law is not high and it is too biased towards administration.There are also many problems in practice.Among them,the insurance claims after the traffic accident of the private car about the private car are particularly noticeable.The commitment of the civil liability of the private car platform in the traffice accidents is generally divided into breach of contract liability and tort liability.In terms of liability for breach of contract,in order to clarify the liability for breach of contract of the online private car-hailing platform,we must first clarify the establishment time of the contract for the private car passenger contract.The author believes that the passenger contract is established when the driver's order information is fed back to the passenger.The online private car-hailing platform and passengers are the opposite side of the contract for private car passenger transportation.Therefore,according to the principle of contractual relativity,after the default of the private car on the Internet,the private car platform of the network will bear the responsibility for breach of contract.The way to assume responsibility for platform breach of contract can be carried out by continuing to perform,bear the burden of price reduction,damages,deposit penalties and liquidated damages.As for the principle of liability for infringement of private car platforms,although there is no clear legal provision at present,the liability can refer to the relevant provisions of motor vehicle infringement.That is,when both parties are motor vehicles,the principle of fault liability is adopted.The private car and the other vehicle are responsible for the fault according to the fault.When the other party is not a motor vehicle or a pedestrian,the principle of no fault is assumed.For a full-time driver,because the private car platform is a work unit,when a full-time driver has a traffic accident infringement,the platform should assume the responsibility of substitution.For a part-time driver,the relationship with the platform is a Co-carrier contract.Based on the particularity of the private car,in order to fully protect the legitimate rights and interests of the victim,the platform will not be overburdened.And the part-time driver should bear joint responsibility.According to the research results of the above-mentioned part,the author believes that it is also possible to improve and introduce the corresponding laws and regulations according to the private car platform of the network.The system supervision and the integration of the private car platform into the credit information system will improve the network of private car platforms.Civil liability bears the relevant system.