On The Tort Liability Of The Operators Of Online Car-hailing Platforms

The The fast-growing sharing economy challenges traditional governance,and the network car is a typical example of shared economic development.In the "Interim Measures for the Administration of Online Booking Taxi Operating Services",the legal status of the operator of the network car platform is too single.The diversified business model of the platform not only extends the difficulty in identifying the legal status of the operators of the network car platform.but also the ambiguity in the identification of the tort liability of the platform operatorsIn the face of the issue of tort liability arising in the development of the network car,the existing legal norms do not give a direct solution.The article attempts to answer this question in conjunction with the principles of tort liability law.The "network-about car platform" and the "network-about car platform operator" are two different concepts,and the "platform operator" is the rational subject in the legal relationship The article first distinguishes the legal status of platform operators in intermediaries,carriers,security obligors and special carriers under different travel business models.The difference in legal status determines the difference in duty of care,and the difference in duty of care directly affects the existence and quantity of tort liability.In the dispute of infringement liability of the network car,the passenger,the third party and the actual driver of the vehicle are possible victims.The legal relationship between the victim and the operator of the network car platform determines the way to bear the liability for damages.Secondly,it is clear that the platform operators are responsible for the responsibility of the passengers,the third person's victimization and the actual driver's damage.Finally,the determination of the period of responsibility is another important factor affecting the liability of the platform operators for tort liability,and it is also an indispensable part of the research topic of "infringement liability of operators of network car platforms".