Research On Tort Liability Of Online Car-Hailing Platform

In recent years,China's scientific and technological economic development is remarkable,Internet + technology has become mature gradually.Under this background,online car-hailing has become a new choice for people to go out and has been developing rapidly for its unique advantage.It not only makes it more convenient for people to travel,but also alleviates urban traffic congestion to a considerable extent.It provides more personalized car service to meet people's increasingly diverse travel needs under the background of uneven social development.Meanwhile,disputes caused by all kinds of online car-hailing services are also increasing day by day.Therefore,China has worked out The Interim Measures on Management of Online Car-Hailing Services in 2016,in which online car-hailing service has been confirmed legal.And on this basis,specific provisions are proposed for the current online car hailing market so as to guide the orderly and standardized development of online car hailing.The promulgation of the Interim Measures is of positive significance to the social development and receives extensive attention from all walks of life.The Interim Measures define the form of civil liability of car-hailing platform in the carrier,and define the relationship between car-hailing platform and their drivers as the labor relationship.This definition has aroused heated discussion in the society,and the doubts are also rising one after another.However,could the current Interim Measures comprehensively solve the problem of civil tort compensation for online car-hailing and effectively protect the rights and interests of relevant parties? Facts prove that it did not.The civil liability identification of online car-hailing platform is not specified in the Interim Measures,and the legal relationship positioning is relatively single,the form of civil liability is not uniform,which cannot provide a basis for the civil tort compensation liability of online car-hailing platform from the perspective of law.In general,there is no scientific and reasonable theory to support it.This thesis studies the tort liability of online car-hailing platform.Under the background of disagreements from all walks of life on the liability subject and the theory of civil liability form of online car-hailing platform,through the analysis of the current Interim Measures,combined with the actual characteristics and situation of online car hailing operation,this thesis has carried on thorough analysis and elaborated the development direction of online car hailing platform in China with actual cases.Furthermore,civil legal liability has been defined for online car-hailing platform and drivers.Responsibilities of ride-hailing platforms are divided according to the services provided by the ride-hailing platforms.The online carhailing platform is also defined as dual legal relation subject orientation in civil tort compensation.With the new carrier and co-operator as its clear positioning,the civil liability of ride-hailing platform is further improved.The ride-hailing platforms are divided according to the operation mode and technical characteristics so as to promote the relationship among ride-hailing platforms,drivers and passengers in China.The research in this thesis may promote the improvement of the legislation and the system,provide a legal basis of the civil tort compensation for China's online car-hailing platform,ensure that the responsible parties can better clarify and fulfill their responsibilities,and promote the orderly development of the industry.In a word,the thesis is of great theoretical and practical significance to perfect the legal system of online car-hailing.