Analysis Of Civil Liability For Damage Caused By Online Ride-Hailing Car

With the maturity of mobile internet terminal technology,the online ride-hailing industry has sprung up like bamboo shoots after a spring rain.Compared with the traditional call or roadside call mode,network reservation taxi can achieve real-time positioning,fast call,timely delivery,online payment,service evaluation,price transparency and other functions through the mobile terminals.And it can solve the problems of the time-space mismatch between driver and passenger,opaque price information,and low service quality in the traditional cruise taxi industry.Thus,the network reservation taxi has caused a violent storm on the traditional cruise taxi industry.However,due to various reasons such as diversified drivers,uneven vehicle conditions,and poor platform management,the legal disputes of online ride-hailing car accidents occur frequently.At present,the system design of online ride-hailing car is not perfect.Traffic accidents occur in the operation of online ride-hailing car,which causes other people to suffer damage to their interests,thus causing civil liability and other disputes to a large extent in a state of irrelevancy.The current law does not regulate the civil liability for damage caused by online ride-hailing car.Starting from the legislative point of view of protecting civil rights and interests,regulating tort and burden of proof in tort liability law and other norms,this article further clarifies the legal value of private persons in civil society and the legal boundary of acts in legal relations through the institutional setting of existing substantive law,and then combs out the tort liability of online ride-hailing car,so as to make firm or stable the legal and institutional basis of the article.The article mainly consists the following parts:In the first part,the author combs the typical cases of judgment in judicial practice from the perspective of civil liability for damage caused by online ride-hailing car,and analyses the differences in the legal relationship between online car-appointment drivers and online car-appointment platform,and the identification of the subject of civil liability.The second part of the article discusses the concept,characteristics and the difference between the traditional cruise taxi and the ride-hailing service.In the third and fourth parts,the author thoroughly analyzes the legal nature of online ride-hailing platform under different business models and the legal relationship between the network car platform,the network car driver and the passengers.Especially,the analysis of the legal relationship between the platform and the driver is the focus of the part,which provides the logical basis for the following discussion of the civil liability of the damage caused by the online ride-hailing.To be specific,in the B2 C and C2 C modes,the platform is the carrier,and hitch-hiker platform is intermediary.In the self-owned mode of B2 C,the ride-hailing driver and the platform is labor relations.In the four-party agreement mode,the two are labor dispatch relations.In the C2 C model,the relationship between the platform and the driver is the labor service relations.The platform and the driver set up an intermediary relationship in the hitch-hiker mode.In the last part of the article,the author clarifies the problem of liability for out-of-insurance liability when the passenger or the third party is injured due to the fault of the party of online ride-hailing.One is based on the dimension of tort liability.In the self-owned mode,the platform assumes the responsibility of substitution based on the identity of the employer.In the four-party agreement mode,the platform accepts the actual employer of the dispatch,so the subject of the tort liability is the platform,and he responsibility of other subjects depends on the fault situation.In the C2 C mode,the platform bears one-way joint responsibility.In the hitch-hiker mode,the responsible entity only nets the driver.The second is based on the dimension of liability for breach of contract.In the hitch-hiker mode,the driver is the subject of liability for breach of contract damage.In the B2 C and C2 C modes,the platform-based passenger service contract with the passenger should be compensated for damages for breach of contract.