The Research On The Responsibility Identification Of Traffic Accidents In The Governance Of Online Cars

With the increasing application of the online ride-hailing app in the daily life of the public,the fierce social contradictions of the online ride halling industry.The contradiction between the main body and the construction of a healthy development pattern of the internet ride-hailing vehicle are urgent.On Novermber 1,2016,since the implementation of the Interim Measures for the Administration of Online Booking Taxi Operation Services(hereinafter referred to as the Interim Measures),the legal status of online taxis has been recognized.However,the interim measures did not explain too much about the liability of the platform company's carrier and the complex relationship between the platform company and the driver.Commitment is difficult to divide,and different cases in the same case often appear.In order to solve the dilemma faced by the development of ride-hailing,the full text is divided into four parts to analyze the liability determination for traffic accidents of ride-hailing,in order to achieve a healthy and virtuous circle of ride-hailing industry,strengthen the management of ride-hailing,and regulate the operation of ride-hailing protect the lawful rights and interests of all parties after a traffic accident.The first part,in the context of the governance of online car hirs,taking China's first online car traffic accident dispute case as the“Qin case”as an example,the legal relationship between the platform company and the driver and the subject of the traffic accident caused by this case are proposed.There are three legal disputes over responsibility sharing.The second part,starting from the concept of the management of the network ride-hailing and the difficulties in the operation of the network ride-hailing,the three operating modes of the network ride-hailing in China are derived,and the legal relationship between different subjects under different subjects under different operating modes is analyzed and their opinions are put forward.Aiming at the relationship between the platform company and the driver in the more controversialprivate car model,this article analyzes and clarifies the occasional partnership between the two due to accidental oppprtunities to jointly fund,share revenueand share risks.At the same time,Qin In the case,the private car model was uesd in the operation of the network.Therefore,in this case,the platform and the driver also formed an accidental partnership,the platform and the passenger formed a contract for transportation service.The third part,combined with the existing legal provisions,clarifies the view point of this article on the liability determination of traffic accidents on the internet.First of all,analyze the responsibility determination of the three operating modes of online car rentail.In view of the“private car model”,this article considers that the platform company and the driver are the responsible subjects and assume unlimited joint and several responsibilities.However,according to theories of risk control,operational benefits,and operational dominance,the platform companyis in an advantageous position in the network ride-hailing operation and gaining revenue.Therefore,before the platform company and the driver are required to assume external responsibility,the platform company and the driver are required to assume external responsibility,the platform company must first assume a 10% advantage responsibility.Finally,based on the foregoing analysis,it was determined that in the“qin case”,the platform company and the driver were jointly and severally liable for the traffic accident,and the passenger was also responsible for 50% of the liability for the fault based on the wrong doing.The fourth part,legislative and judicial recommendations arising from the case.in this paper,in light of the current difficulties in determining the responsibility for traffic accidents in the management of Internet linked cars,this article proposes that the principles of balancing interests and encouraging development should be followed in determining the responsibility for traffic accidents in online-haild vehicles.Specific recommendations,such as legal interpretations,with a view to better regulating the operation of the online car rental business and promoting the better development of the online car rental industry.