Research On The Infringement Liability Of Online Car-hailing

Online car-hailing is a useful attempt of "Internet + travel",which not only solves the problem of people having difficulty getting a taxi,but also effectively relieves the pressure of social employment.As a prominent representative of the sharing economy,the "green" concept of online car-hailing has brought great benefits to the country in reducing carbon emissions and revitalizing social idle resources.However,the existence and contradictions have accompanied each other,and this new economic form has also brought many civil tort legal issues.Reasonably solving the problem of infringement of car-hailing infringement at this stage can not only fully utilize the social,economic and environmental values of “car-hailing”,but also to realize the modernization of the national governance system and governance capabilities,promote social and economic development,and improve people 's happiness Of great significance.This article will be devoted to solving the practical dilemma of the infringement liability of car-hailing in China,with a view to exploring the method and path of solving the infringement liability of car-hailing infringement.The first part of this article sorts out the relevant concepts of car-hailing.Re-define the relevant concepts,clarify the particularity of the infringement liability of online car-hailing,and divide and clarify the research scope.The second part sorts out the current status of judicial practice of car-hailing infringement liability in various countries.Based on the supervision attitudes and legal orientations of various countries on car-hailing,this paper analyzes the value orientation of countries in handling carhailing infringement cases,with a view to providing new research ideas and directions for China's car-hailing infringement liability.The third part mentions the two major problems that China's online car-hailing infringement liability faces at the emergence stage.First,there is a dispute between the theoretical circles on the internal legal relationship between the online car-hailing platform and the driver,which directly leads to a large difference in the determination of the tort liability body in various local courts;second,the existing laws have difficulties in the application of online car-hailing tort liability,For example,the provisions of the Tort Liability Law are vague,and Article 38 of the E-Commerce Law cannot be applied.The legal status of the Interim Measures for the Administration of Online Rental Car Service Management is embarrassing.The fourth part explores the specific ways to solve the infringement liability problem of online car-hailing.At the legislative level,it is recommended to broaden the legislative theory and introduce non-standard labor relations,so that the internal legal relationship between theplatform and the driver is fully included in the scope of the labor relationship;on this basis,it is recommended that the online car infringement be specified as a special form of infringement in the Civil Law In the Code of Tort Liability,it improves the efficiency of judicial application and solves the dilemma of the application of existing laws and regulations;the design of specific laws and regulations should clearly define the main body of responsibility,fully consider the interests of all parties,and classify the principles of liability.At the judicial level,it is necessary to unify the understanding of the judicial concepts and related concepts of online car-hailing infringement liability;during the legislative buffer period,it is recommended that the Supreme Court and provincial high courts deepen and unify the internal understanding of the judicial system and guide the grassroots by issuing guiding cases.Judicial practice;give full play to the role of the online car-hailing association,use the power of industry associations to expand dispute handling channels,and improve the professionalism of judicial trials;establish a online car-hailing infringement case database to accumulate example basis and provide data support for the construction of court information.