Research On Security Guarantee Obligation Of Network Carpooling Platform

Through case analysis,this article proposes that the current network carpooling platform faces issues such as unclear legal status,unclear legal relationship,and difficulty in determining legal obligations.With regard to the legal status of the network carpooling platform,the theoretically advocated "special carrier theory","customer theory","intermediary theory" and other views are difficult to establish,and the non-carrier legal status of the network carpooling platform should be recognized.The legal relationship between the network carpooling platform and carpooling drivers and passengers is the information service contractual relationship.The network carpooling platform should bear the security guarantee obligation,and the source of its obligation is based on the security guarantee obligation of the organizer of mass activities in China's Tort Liability Law.According to the "Dangerous Opening and Sustainability" theory,"trust relationship"theory and "profitable compensation" theory,the network carpooling platform can be included in the category of the organizer's security guarantee obligor.About the specific obligations of the network carpooling platform.The safety guarantee obligation of the network carpooling platform is a statutory obligation and an active act obligation,and the general standard of duty of care should be applied.The specific content can be determined according to the legal provisions and the standard of attention of a reasonable person,which is divided into the obligation of pre-examination,the obligation of guarantee in the event,and the obligation of relief after the event.Regarding the responsibility of network carpooling platform for breaching its security guarantee obligations.The platform which violates its security guarantee obligations is determined by applying the principle of fault liability.To judge the causal relationship between the platform's inaction and the result of damage,the "proximal cause" theory should be used.If the platform violates the security guarantee obligations,it shall bear corresponding individual responsibility or supplementary responsibility according to different situations.When a carpooling driver commits aggression and the platform fails to fulfill its security obligations,the driver belongs to a third party infringement,and the platform shall bear the corresponding supplementary responsibility.