Research On The Tort Liability Of Network Car Platform

As a new economic model under the development of the Internet,network car involve complex legal relationships and civil liability compensation in lawsuits involving driver infringement of passengers.The Interim Measures for the Management of Online Appointment Taxi Business Services confirms that the platform for online rental cars assumes the responsibility of the carrier,but the relationship between the network car platform and the driver,and the form of responsibility assumed by the platform for online rental cars have not yet been clarified.There is a vague understanding of the online car rental model,and there are also differences in the judgement of the responsibility of the online car rental platform.This article first selects four typical cases of driver infringement on passengers in practice,analyzes their judgment results and existing problems,and then divides them into four operating modes according to the operating characteristics of the network car platform,and analyzes the network car platform,passengers,The legal relationship between the driver of the Internet car in the four modes,through the combing of the legal relationship,determine the obligations of the Internet car platform and the liability for infringement.According to the characteristics of legal relationship and responsibility,the four operating modes are divided into two categories for analysis.In the downwind and taxi modes,the network car platform as the intermediary bears the general attention obligation,applies the general provisions,and assumes the corresponding liability for its fault when it constitutes an infringement;in the express,special car and self-operated modes,as the carrier Undertaking safety guarantee obligations,applies special provisions,and according to their relationship with the driver to bear the corresponding employment responsibilities,joint liability or supplementary responsibilities.In the end,the author believes that if the driver harms the passenger intentionally or through gross negligence,the network car platform has the right to claim compensation from the driver after taking corresponding responsibilities.Passengers in the case of breach ofcontract and tort liability competing can choose the best claim for compensation according to their case situation.Clarifying the tort liability and liability form of the network car platform is not only conducive to protecting the legal rights and interests of the victims,but also to the healthy and sustainable development of the network car platform.