| China's sharing economy has blossomed all over the world in recent years.Under the background of "sharing economy" and "intelligent travel" and other "Internet +",many new concepts such as ride-sharing have emerged.China's ride-hailing industry has been developing since 2012,and it has become the main tool for public travel in a short time.At the same time,the rapid development also produced many actual legal contradictions,which are embodied in the unclear legal relationship between the subjects involved in the complex ride-hailing mode,and the identification of the subject of tort liability is also controversial when the ride-hailing accident occurs.At the end of2016,the introduction of the interim measures for the management of online booking taxi business services legalized the legal status of net-ride-sharing.However,there are still some omissions in the definition of the legal relationship between the subjects under different modes.According to the classification of vehicle ownership,the current network car-sharing operation mode is divided into the company's own vehicle mode,join vehicle mode and taxi mode.In the net car-sharing own vehicle mode,the platform company and the driver constitute the labor relations dispute is not big,both sides establish the labor relations,in undertaking the traditional labor relations labor contract signing right,the income safeguard right,the safety safeguard duty and so on rights obligation,must undertake the data information truthful record and the data supervision and so on network technical obligation.At the same time,the platform company and passengers form the external legal relationship of the passenger transport contract,the platform company and the driver belong to the internal labor legal relationship,the driver carries out according to the platform instruction driving service to passengers.The ride-sharing mode is more common in reality.According to the specific source of the vehicle,it can be divided into tripartite agreement mode and private car owner plus private car mode.In essence,the legal relationship between them is similar.At present,there are many theories in the analysis of legal relations under such circumstances,such as labor relations theory,labor relations theory,intermediary relations theory and so on,combined with the substantive elements of legal relations and the agreement betweenthe two parties,it should be regarded as a cooperative relationship,and the car rental contract,labor dispatch contract and ride contract should be formed between the various subjects.The taxi ride-hailing model is the first one,and the ride-hailing platform only acts as an intermediary in operation role,by the taxi side directly provide driving service.The distribution of the legal liability of the parties is based on the legal relationship between the parties.As a network platform,the company has its particularity,which is different from the traditional e-commerce platform or network loan platform,so it can not directly apply the network platform imputation mode,but should be imputed according to the different modes of network ride-hailing operation.The actual driver is often separated from the owner of the vehicle,and the driver's tort liability is determined according to his tort,while the owner's liability should be determined on the basis of whether the vehicle's operation is in fact in the dominant position and whether it has obtained benefits from the operation of the vehicle. |
PDF Full Text Request