| With the rise of online ride-hailing platforms in the Internet era,people began to book taxis through online ride-hailing platforms,which brought great convenience to people's lives and relieved the pressure of public transportation to some extemt.However,in the case of traffic accident infringement during the operation of ride-hailing,how to solve the problem of liability for damages of ride-hailing platforms becomes more and more important in the current situation when ride-hailing is increasingly popular.In this paper,by analyzing the existing in the practice of network infringement cases about car traffic accident,found in practice of existing network platform about car damage compensation responsibility for chaos,the existence of the problem is because of the legal status of network platform about car positioning chaos,the network about car platform and network about car drivers the legal relationship between the comb is not clear.In combination with practice,this paper divides the operation mode of online ride-hailing into online ride-hailing,express,online ride-hailing and online taxi,and analyzes the liability of online ride-hailing platforms that infringe on traffic accidents under the operation mode of online ride-hailing.The paper first discusses the responsibility of the ride-hailing platform under the model of private car and express car,when the drivers of online ride-hailing are fully engaged in the operation of online ride-hailing and express,there is no doubt that the labor relationship between the platform and drivers is formed,and the platform of online ride-hailing shall be positioned as the carrier.In the case of traffic accidents during the operation of online ride-hailing,the platform of online ride-hailing shall bear the carrier's responsibility;Under the circumstance that online ride-hailing drivers are engaged in the operation of online ride-hailing vehicles and express trains on a part-time basis,this paper argues that this kind of situation,the net about car platform for automobile owners control is weak,the relationship between the both sides has the nature of equality,between network platform about car and private car owners is accidental partnership network about car platform and network about car drivers as carrier status,jointly about car accidents in the process of operation in the network wounded passengers or the third party,shall be jointly and severally liable with the driver by the network about car platform.Next,in the model of net ride-hailing,compared with the operation model of net ride-hailing and express,the connection between net ride-hailing platform and the owner of net ride-hailing is more loose.It is reasonable to define the legal status of the ride-hailing platform under this mode,and fulfill the obligation of safety guarantee.In the case of traffic accidents in the operation process of the hitch,the ride-hailing platform shall assume the responsibility of the organizer.In the end,under the mode of online taxi hailing,there is no dispute that online taxi hailing platforms act as intermediaries.In the case of traffic accidents during taxi operation,the taxi company shall bear the carrier's liability,while the online taxi hailing platforms shall not bear the liability for damages. |
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