Research On The Online Ride-hailing Service About The Identification Of Legal Relations And The Responsibility

Online ride-hailing is a new type of transportation under the background of the "Internet + sharing economy" era.Its appearance has brought great convenience to people’s daily travel and has become one of the mainstream modes of public travel.Online ride-hailing services can provide more targeted services to passengers according to their needs.Compared with the traditional taxi service,the online ride-hailing service is more efficient.The promulgation of the interim measures for the Management of online Reservation Taxi Service indicates that the state has officially recognized the legal status of the online ride-hailing service.After the legalization of online ride-hailing,there will be more room for development,and the traffic accidents and disputes caused by it will be greatly increased.Compared with ordinary traffic accidents,the legal relationship involved in online ride-hailing accidents is more complex,and the legal norms on online ride-hailing are not perfect at present.The court has no specific legal norms to apply to the cases of online ride-hailing traffic accident disputes.Therefore,there are many ways of adjudication in judicial practice,and the phenomenon of different adjudication in the same case is more frequent.Through sorting out and analyzing relevant cases,this article startsfrom the legal relationship between the parties involved in the online ride-hailing service,and clarifies the issue of non-insurance liability for compensation when a passenger or a third party is injured due to the fault of the party involved in the online ride-hailing traffic accident.This article analyzes and identifies the legal relationship involved in the online ride-hailing behavior along the way of finding,analyzing and solving the problems,and then discusses the responsibility of each subject in the traffic accident.The operation modes and service types of online ride-hailing are diverse.Firstly,the existing online ride-hailing models are classified into "private car" model and "non-private car" model.The controversial "private car" model is selected as the research object of this article,and then analyzed with court cases.In judicial practice,there are great differences between different courts in the determination of legal relationship,the subject of liability and the way of liability.Secondly,on the basis of summarizing the controversial focus of the case,this article analyzes the legal relationship between the various subjects in the online ride-hailing behavior,that is,the legal relationship between the online ride-hailing platform,the drivers and passengers.The legal relationship between the online ride-hailing platform and passengers is closely related to the legal status of the platform in the operation of the online ride-hailing service.Finally,based on the current theory of compensation for road traffic accidents and the theory of relativity of contract,this article analyzes the main body of liability for damages in the traffic accidents of ride-hailing.From the perspective of the operation of online ride-hailing,the platform is the initiator and organizer of the new business model of online ride-hailing service.In practice,passengers choose online ride-hailing services based on their trust in an online ride-hailing platform.Passengers as an ordinary consumer,regardless of the type of online ride-hailing service they choose,all believe that they are trading with platform.In the whole online ride-hailing service,the platform actually plays a transportation scheduling functions,rather than the information intermediary function.Therefore,in the private car model,no matter what kind of service the online ride-hailing platform provides,the platform plays the role of carrier,and theagreement between the platform and passengers is passenger transport contract.In the online car-hailing platform and the driver,although the driver is under the control of the online car-hailing platform,but does not have the subordinate attribute to the platform,the relationship between the two is not labor relationship,they belong to the civil cooperative relationship between equal subjects,at present there are mainly employment relationship,contract relationship,intermediary,such as theory,by analyzing the essence and differences of various legal relationships,it is most appropriate to define the contract relationship between the platform and the driver.When the victim is a third party,according to the "dualism theory" that combines operational dominance and operational interests,the driver is the subject of liability for damages in the traffic accident caused by online ride-hailing,and should bear the liability according to the provisions of the Road Traffic Safety Law.The platform,as a customizer,shall bear liability for compensation only in the event of fault;When the victim is a passenger,it constitutes the concurrence of the tort liability and the breach of contract liability,and the passenger can choose to exercise it.