| Due to the widespread popularity of mobile Internet and the rapid development of sharing economy,more and more people tend to choose a relatively flexible and comfortable way of public transport travel through mobile phone software.Online Car-hailing emerged as the times require,to meet the development requirements of the times and provide a variety of options for public travel.Compared with the traditional cruiser,there are many modes of travel,such as special bus,express bus,taxi and windmill.Due to the high effciency and flexibility of online Car-hailing,more and more people choose to travel,and the online Car-hailing industry develops rapidly.However,the potential problems of the online Car-hailing service are gradually emerging,and the infringement disputes of the online Car-hailing traffic accidents occur frequently,and the travel safety problems are widely concerned by all walks of life.In 2016,the Interim Measures for the managemennt of the operation and service of the network reservation taxi confirmed the legal status of the operation of the network reservation car,and various regions have also issued regulations on the network reservation car service.However,from the perspective of legislation,there are problems of low legal level and administrative tendency;from the perspective of content,the regulations on online Car-hailing service more reflect the regulations on vehicle access,operation management,etc.,while the responsibilities for online Car-hailing platform are rarely involved,which leads to unclear legal relationship betweeen online Car-hailing platform and participants,uncertain tort liability,and handling in judicial practice There are many disputes about the relevant tort disputes.There is a certain gap between the rapid development of online Car-hailing and the incompleteness of legal regulations.Therefore,in order to maintain the legitimate rights and interests of participants in online Car-hailing service,the legal problems caused by online Car-hailing service need to be solved urgently.Through case study,literature analysis and other methods,this paper discusses the tort liability of online Car-hailing platform in traffic accidents,First of all,from the perspective of life practice and law,this paper defines and introduces the online Car-hailing service,including the four main types of online Car-hailing platform operation,as well as the legal documents regulating the onlime Car-hailing service.Secondly,through the judicial practice,the paper sums up the about the tort liability of the network platform in the traffic accident of the network Car-hailing,and finds that there are some irrationalities in the current legislation on the liability of the network Car-hailing platform,and the different legal relations between the parties of the network Car-hailing caused by the diversified mode of the actual network Car-hailing operation are not considered,which leads to the diversification of the network Car-hailing operation and the simplification of the liability attribution mechanism It is difficult to determine the legal nature of the online Car-hailing platform,which affects the judgment of the tort liability of the online Car-hailing platform.Thirdly,based on the discussion of the legal status of the online Car-hailing platform and the main differences in the legal relationship between the participants of the online Car-hailing platform,combined with the analysis of the factors such as the degree of intervention,the strength of domination,the interests of the operation of the online Car-hailing platform in different business models,the legal nature of the online Car-hailing platform under the four models is clear,It is the basis for the study of the cognizance of tort liability.Finally,the theoretical analysis of the infringement identification of the online Car-hailing platform is carried out The basic research path is the legal norms such as the tort liability law and the road traffic safety law of China.The principles of liability attribution,elements and defenses of the onlime Car-hailing platform infringement liability are clarified.Combined with the legal relationship of all parties in different operation modes of online Car-hailing and the difference of legal nature of online Car-hailing platform,the turt liability of online Car-hailing platform is identified when the injured party is the passenger or the injured party is the third party when the online Car-hailing traffic accident occurs.At the same time,aiming at the problem of concurrence of tort liability and breach liability caused by the traffic accident of Car-hailing on the Intemet,passengers can choose one of them to realize their own right relief to the maximum extent and safeguard their legitimate rights and interests. |
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