Research On The Employment Relationship Between Network Travel Platform And Drivers Under Sharing Economy

With the advancement of science and technology,the combination of the Internet and traditional industries has promoted the realization of smart life.It can be said that the“Internet+” model has almost developed into various fields.Under this background,the sharing economy has gradually developed.As far as China is concerned,the sharing economy has penetrated into almost every area in a few short years,such as trips and trips,traffic sharing represented by Uber,sharing of Baidu,Weibo,etc.in the field of knowledge and information,and leisure fish and other items.Sharing and so on.At the same time,a new type of employment platform "platform-personal" labor sharing model has begun to emerge.Judging from the net dating vehicle field,starting from 2012,Netease began to take off in China,and it became the first choice for most people in daily travel in a matter of a few years.However,rapid development has also produced a series of legal issues.The most prominent issue is the employment relationship between the Internet travel platform and drivers.Because most car drivers and the platform do not sign a written labor contract,the flexibility of their employment is high,and their legitimate rights and interests cannot be guaranteed.When the network is about to infringe on traffic accidents,the determination of the infringement owner is also controversial..The premise of the aforementioned problem is the determination of the employment relationship between the network travel platform and the driver.However,at present,the determination of this issue in China's legislative level does not specify specific standards.In the judicial practice,there will also be many opposite results of the referee.Therefore,by analyzing the characteristics of the sharing economy and the mode of employment,the author explores the issues concerning the recognition of the employment relationship between the network travel platform and the driver under the sharing economy from the current laws and regulations and the relevant theory of labor relations recognition,in the hope that it can be a theoretical study.And provide some help in judicial practice.This article mainly discusses from four parts.The first part introduces the background,significance and status quo of the research and research methods.The second part describes the definition and function of Netjove in our country's laws andexplores the sharing economy.The third part elaborates the legal relationship between China's Internet travel platform and drivers.The existing provisions and deficiencies identified,and a brief introduction of similar cases to draw the focus of this article's controversy,and finally analyzed the Uber case in the United States and its reference significance for China;the fourth part analyzes several modes of China's current Internet travel platform.To define the employment relationship between network platforms and drivers,and put forward the relevant traffic accident problems derived from the definition of the legal relationship between the network travel platform company and the taxi driver,which has certain practical significance for the resolution of relevant cases.