| With the rapid development of online car-hailing,our lifestyle has changed greatly,not only to break the traditional traffic pattern,but also to show the status and role of the online car-hailing platform.Online car-hailing platform in the development process,the biggest dispute is the responsibility of the issue.Although article 38 of the Law on Electronic Commerce clarifies the responsibility of the carrier of an online car-hailing platform,the provision in this article that "shall bear the corresponding responsibility in accordance with the law" undoubtedly puts the dispute on hold.Therefore,as to how responsibility should be divided,it will also be left to further clarification in the future.In judicial practice,judges usually do not have a very clear and uniform basis for judging cases,which requires judges to determine the division of responsibilities according to the circumstances of specific cases.Therefore,through the analysis of the legal relationship in the operation mode of the online car-hailing platform and the explanation of the contents of Article 38 of the E-Commerce Law,the author determines the responsibility of the online car-hailing platform,so as to promote the healthy development of the online-car-hailing platform.The first part of this paper is the question,the theory dispute and the practice of the E-commerce Law;Secondly,the paper expounds the operation mode of the online car-hailing platform.At present,there are three modes,namely,the direct employment mode of the own vehicle,the car rental mode,and the joining mode of the social vehicle.Then it analyzes the legal nature of the platform,and expounds and analyzes how to assume the responsibility of the platform under the operation of the three modes respectively.With the introduction of the Electronic Commerce Law,it can better stipulate the carrier liability of the online car-hailing platform.After the theoretical analysis of the legal relationship under the three modes of operation of the online car-hailing platform,the author starts from the following four angles: first,how to interpret the "assume the corresponding responsibility" stipulated in Article 38 of the Law on Electronic Commerce.From the point of view of defining the contract responsibility of the platform;Second,from the perspective of market economy;third,from the online car-hailing platform,the role of the angle;fourth,engaged in the post-relief capacity of the angle.Finally,it is concluded that both the online car-hailing platform and the carrier are better than individuals in terms of profits and liability.It is suggested that an unreal joint and several liability should be established between the platform and the carrier: in the event of an accident and infringement of the online car-hailing platform,First,the insurance company compensates first,then the deficiency part is carried on by the carrier or the network car-hailing platform company to undertake;If the network car-hailing platform company has fault,the driver does not have the fault,the direct driver compensates to the net car-hailing platform to carry on the recovery to the net car-hailing platform;If the network car-hailing driver exists fault,then the network car-hailing platform company compensates,requests the net-car-hailing driver to carry on the compensation.At the same time,drawing lessons from foreign countries,the online car-hailing platform can share risks through the insurance system,referring to the protection of e-commerce transactions as stipulated in Article 30 of the Electronic Commerce Law.A dedicated working group should be set up within the online ride-hailing platform to deal with possible threats,including passenger and driver safety.As far as the research of this thesis is concerned,the author puts forward immature suggestions for improving the healthy and orderly development of the online car-hailing platform. |
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