Research On The Assumption Of Infringement Act And Tort Liabilityin Onling Ride-hailing

As a new industry that appears based on Internet technology,online ride-hailing has developed rapidly in China since 2016,and it has been quickly accepted by people and popular among many young people because of its flexibility,convenience and efficiency.In the era of big data,GPS is used to locate the whole process of ride-hailing services,and the information in all aspects is more open and transparent.Therefore,many people think that ride-hailing services are safer compared with the traditional public transport modes.However,the rise of a new thing is bound to lead to many legal problems.In recent years,with the rapid development of online ride-hailing market in China,there have been also many discordant voices and phenomena.In particular,in 2018,several vicious crimes in which online ride-hailing caused damages to people occurred frequently,thus pushing the online ride-hailing to the spotlight time and time again.If these legal problems and legal risks cannot be solved properly,not only does it threaten the lives and property of the passengers,but also will it seriously hinder the development of the online ride-hailing industry.However,there are some problems in practice,such as the relative absence of instructive legal norms,the complexity and diversity of the subjects involved in the cases,as well as the unclear nature of the legal relationship between the online ride-hailing platform and drivers.There is a great controversy in the academic circles about the assumption of liability of relevant subjects in the cases in which online ride-hailing causes damages to people.When the courts try related cases,there are some differences in determining the legal relationships between the online ride-hailing subjects and delimiting the tort liability due to the lack of legal support,which damages the judicial authority to some extent.In addition,there will be many obstacles for the infringed in the process of safeguarding their legal rights.Even if they can get the court verdict,it is still unknown whether they can get full relief.Therefore,it is an urgent problem to clarify the infringement act of the cases in which online ride-hailing causes damages to people.Due to the numerous service modes and subjects involved in online ride-hailing,the forms of infringement of online ride-hailing are relatively diverse,and lacking of legislation,so it is obviously unreasonable to classify online ride-hailing as a specificmode.Therefore,in this paper,through the act,fault,damage result and causality four constitutive elements to identify the tort.According to the relationships and the "cooperation mode" between drivers and ride-hailing platforms,and the nature of vehicles divided ride-hailing into four operating modes.By analyzing the relationships between drivers and ride-hailing platforms to determining the subject of responsibility,and collating the views of scholars and judicial decisions to explore the best bearing forms of tort liability.At the same time,an overall consideration and rational estimation of the exemption subject and the insurance liability to ensure a balance of interests and the rights and interests of victims shall be fully protected.