Study On The Tort Liability Of The Platform Of Online Car

As a new form of transportation,online car booking service not only injects new vitality and vitality into the taxi industry based on franchise,but also meets the diversified demand of consumers,greatly facilitates people’s travel and saves resources.As a new thing in our country,there is a legislative blank,which makes it difficult to apply the new situation of the operation of online car booking.Lack of relevant laws makes the operation order of online car market confused.When the convenience and speed of online car booking are favored by consumers,the infringement accidents of online car booking are frequent.When disputes occur,the dominant platform of online car booking often argues that it is a broker to shirk responsibility and it is difficult for the disadvantaged passengers to safeguard their rights.As an organizer and manager in the course of operation,the platform not only gains benefits in the course of operation,but also controls and controls the whole operation process,so it should bear corresponding responsibilities.Only in this way can the platform be highly conscious of strict management.Therefore,this paper will discuss the legal liability of the platform in the tort accident of about the online car.By comparing the network car-appointment platform company with the taxi company and the network trading platform to analyze its particularity,the operation mode of the network car-appointment platform is divided into two kinds according to the actual situation,and then the legal relationship among them is analyzed,the legal status of the network car-appointment platform is positioned,and the corresponding concept of tort liability is analyzed according to the different legal status.Based on the main body of tort liability,the constitutive elements,the principle of imputation and the form of liability,this paper analyses what kind of legal liability the platform should bear in the tort accident of online car appointment.Returning to the deficiencies of the existing laws and regulations in our country,this paper provides some perfect suggestions for the platform liability in tort accidents of online car appointment.It is not only conducive to the effective protection of passengers’ infringed rights and interests,but also conducive to the platform of online car booking to clarify its responsibilities and promote the development of online car booking industry.There are many kinds of modes in the actual operation of the network car-appointment platform,and the degree of participation of the network car-appointment platform in different modes of operation is different.Therefore,the operation mode of the network car-appointment platform is typified as two modes:information exchange service and information exchange service + transportation service.Then there are two main legal relationships between the network car-appointment platform and the driver: employer and the worker,and the common relationship between the network car-appointment platform and the driver.Relations with operators.As for the liability of platform in tort accident of network booking car,the current Interim Measures for the Operation and Management of Network booking taxi service in China require it to bear the carrier’s liability.This practice does not fully consider the operation mode of network booking car in real life,and lacks scientific,reasonable and applicable.Therefore,we should locate its legal status according to the different operation modes of the online car-booking platform.Under the "information exchange service" mode,the online car-booking platform and the driver provide passenger transport services together,which is a cooperative relationship.The online car-booking platform acts as a common operator to provide information services;under the "information exchange + vehicle transport" mode,the online car-booking platform has absolute control over the driver.Power and management power,drivers as employees of the platform,to provide passenger transport services on behalf of the external platform,the platform should be the operator to provide operational services.This dualistic legal positioning not only negates the information intermediary and intermediary positioning argued by the online car-appointment platform,but also gains benefits in the whole operation process because the online car reservation platform has dominant control over the operation of the online car reservation platform,and affirms the legitimacy of the online car-appointment platform as the subject of tort liability.The legal status determines the responsibility.According to the different operation modes of the online car-booking platform,when the drivers infringe on the legitimate rights and interests of passengers,the responsibility forms of the platform are as follows: in the mode of "providing information exchange services + vehicle transport services",the online car-booking platform is an independent operator providing passenger transport services,and the driver,as the staff of the platform,causes passengers to suffer in the course of performing his duties.If the driver has intentional or gross negligence,the platform can recover the damages after assuming the liability.Under the "information exchange service" mode,the driver has some freedom.He and the platform together provide online car booking service for passengers.As one of the operators,the online carbooking platform has a cooperative relationship with the driver..For the loss of passengers in the operation process,the platform and the driver shoulder unreal joint and several liability together,and recover the internal fault as the boundary.However,from the point of view of the current legal system in China,there are still many shortcomings in the liability of infringement platform of online car booking.Firstly,there are gaps in existing laws and lack of uniform legal norms;secondly,the legal status of online car-booking platform is not clear;thirdly,there is a big controversy about the allocation of responsibility between online car-booking platform and drivers;in view of these shortcomings,this paper puts forward some suggestions to improve the implementation of tort liability of online car platform.This study has a certain reference value for the legal regulation of the online car-booking platform in China,and is also conducive to the healthy development of the new form of online car.