The Discussion On The Civil Responsibility Of The Platform Operator In The Ride-sharing Business

In the new era,ridesharing is a paid mutual aid travel behavior supported by Internet information service technology,which is significantly different from the traditional ridesharing,online car hailing and cruise car.The emergence of the network platform makes ridesharing travel behavior become a new way for people to travel,and also increases the risk of infringement of the legal interests of passengers.In practice,regarding the legal issues of civil liability of platform operators in the co-riding business,the court has the problem of unclear legal relationship identification in the aspect of liability for breach of contract,unclear legal basis in the aspect of liability for infringement,and inconsistent liability form,so theoretical guidance is urgently needed.Firstly,this paper defines the related concepts of Shared rides and compares the Shared rides referred to in this paper with the traditional Shared rides,online ride-hailing and cruise vehicles.It comes to the conclusion that both the non-profit and platform operators of Shared rides are profitable in the Shared rides business,which provides a theoretical basis for the platform operators to bear civil liability.Secondly,based on the judicial practice,it is found that there are two problems in the court’s determination of the platform operator’s breach of contract and infringement in the co-riding business.Furthermore,in view of the problems existing in the judgment of liability for breach of contract of platform operators,the legal relationship of commercial intermediation contract between the three parties in the platform is clarified,and the liability for breach of contract and its specific application to the passengers are proposed.Finally,in terms of the tort liability that platform operators should bear in the ride-sharing business,the provisions of article 38,paragraph 2,of the e-commerce law should be applied first in terms of legal basis.In terms of the form of liability to be assumed,it shall assume due responsibility.