Research On Tort Liability For Online Ride-hailing Platform

With the popularity of mobile Internet technology and the emergence of a sharing economy model,platform economies,including ride-hailing platforms,came into being.On July 28,2017,the Ministry of Communications and the Ministry of Public Security and other seven ministries and commissions jointly issued the "Guiding Opinions on Deepening Reform and Promoting the Healthy Development of the Taxi Industry" and "Interim Measures for the Management of Online Booking Taxi Business Services",marking the online car rental Was recognized for its legal status.However,the addition of the platform has led to the diversification and complication of the types of legal relationships of online car-hailing infringements.The tort law based on the characteristics of the industrial era is difficult to properly solve the problem of online car-hailing platform infringement liability under the social vehicle model.The article analyzes the legal relationship of online car-hailing infringement based on the review of online car-hailing infringement jurisprudence;it emphasizes that the construction of online car-hailing platform infringement liability should not only weigh the relationship between the protection of the rights of victims and drivers and the platform's business risk control,but also Balance the relationship between public safety and the development of the online car-hailing industry;on the basis of the above research,put forward suggestions to improve the legal system of online car-hailing platform infringement.The second chapter is an overview of online car-hailing and its platform.On the basis of exploring the meaning and characteristics of the platform and its background and roots,it sorts out the current online car-hailing operation mode and the type of online car-hailing platform.The two types of the "direct employment model for own vehicles" and the "drive-for-lease model" can fully apply the provisions of the current law to solve the tort liability of the platform;the real challenge to the current law is the "free ride mode" under the "social vehicle model" and the problem of determining the infringement liability of the "joined car" platform.The Third Chapter is about the empirical research of Platform Tort Liability under the "social vehicle model".Starting with the judicial cases,this paper studies the judicial decisions under the "social vehicle model",combing the judicial decisions under the "free ride" and "franchise vehicle",and analyzing the internallogic through the way of empirical research.On this basis,the author classifies the relationship between the vehicle-hailing platform and the driver,clarifies the legal relationship in the judicial decision,compares the way to bear the responsibility of the platform,and finds out the concrete problems under the "social vehicle model".The Fourth Chapter is mainly focused on the theoretical research of platform tort liability under the "social vehicle model".Starting with the theory of law,this paper studies the two operation modes of "free ride" and "franchise car",analyzes the legal relationship among the torts liability subject,platform and driver,and puts forward the corresponding imputation principle of torts liability.Based on the relevant theories of foreign literature,this paper deeply analyzes the platform theory,and further deepens the understanding of the platform infringement under the "social vehicle model".In the fifth chapter,aiming at the predicament and deficiency of the platform's tort liability under the "social vehicle model",the author puts forward some suggestions to perfect the theory and practice of the platform's tort liability.On the basis of comprehensive consideration of the rights and obligations of the platform,balancing the relationship between public safety and the development of the ride-hailing industry,the principle of establishing the rules of Tort Liability of the ride-hailing platform is macroscopically considered.Secondly,the paper analyzes the ultimate responsibility of "free ride platform" and "Franchise Vehicle Platform",in order to contribute to the responsibility of China's ride-hailing platform in traffic accidents.