Research On Platform Civil Liability In Traffic Accidents Caused By Network Cars

In recent years,the emergence of Internet dating car had greatly facilitated people’s life and produced a series of legal problems at the same time.The research problem of this paper is what kind of responsibility should the network platform assume after the accident happens.The first chapter studies the precondition of the tort compensation for traffic accidents on the network car,mainly involving the basic rules of the motor vehicle accident compensation,the particularity of net car in traffic compensation and so on.In accordance with the basic principles of tort law,motor vehicle drivers bear tort liability for traffic accidents.With the emergence of the network contract platform,whether the network contract platform is responsible for the damage caused by traffic accidents or not,and what kind of responsibility will bear have become a new topic.Chapter 2 discusses the disputes over the nature of the online car contracting platform,and analyzes the operation mode of the online car contracting platform in China.On this basis,the online car contracting platform is divided into the intermediary network car contracting platform and the employer network car contracting platform.Chapter 3 studies the way to bear the liability of the employer-type network contract car platform.If the network contract car platform and passengers form a transport contract relationship and the passengers cause personal injury during the process of taking the network contract car,the network contract car platform as the carrier shall bear no-fault liability and cause damage to the passengers’ luggage,the network contract car platform shall act as the carrier.The network platform is only responsible when there is fault.If the employment relationship is established between the online contract platform and the driver,and the driver causes damage to others in the course of work,the online contract platform,as the employer,shall bear the liability of no fault substitution.The fourth chapter studies the compensation liability of the intermediary network contract platform.The intermediary network contract platfonn and passengers constitute an intermediary contract.If the online contract platform fails to provide truthful information to the passengers about the driver of the online contract because of intent or negligence,and thus causes damage to the passengers,it shall be liable for damages.The relationship between the online contract platform and the driver is not an employment relationship.Whether the online contract platform bears infringement on the third party or not is judged according to the constitutive requirements of the general tort liability.