On The Civil Liability For The Harm Caused By Online Car-hailing

In recent years,with the concept of shared economy and "Internet +" prevailing in China,and applied to various fields,into our lives.In our daily life,more and more concepts of "internet +" are widely used,such as calling express train,special bus and taxi at any time and anywhere through the network appointment platform,and enjoying the "carpooling" and "free ride" services that we have never had before.Before the emergence of the online car-appointment platform,people mainly traveled by private cars,public transport and taxis.The main way of taxi travel is to take a taxi on the spot where the taxi stops immediately.This kind of taxi way which requires time and place can not always meet people's travel needs.The change of online taxi is just an improvement on the inconvenience of this traditional taxi.The improvement of the traditional taxi by online taxi booking is not the improvement of the vehicle itself,but the improvement of the mode of online taxi booking.This improvement is embodied in two aspects: first,the improvement of the instant taxi booking mode,which mainly improves the taxi booking mode,changes the previous restrictions on time and place,and passes through the platform of online taxi booking when the vehicle needs to be used.Publish the order,and you can start with the owner's order.Real-time car use is divided into carpooling,express and taxi,customers can choose according to their own needs.2.Increase the function of the windmill.The windmill is generally used for long-distance orders.The windmill owner is also different from the general express car owner and taxi owner.The windmill owner is not a driver who specializes in sports cars.They mainly issue the windmill list on the premise of completing personal things.The price of the windmill is much lower than that of the express and taxi.Therefore,for long-distance travelers,the windmill has become the first choice,and the service of the windmill is very popular.There is another difference between downwind vehicles and express cars and taxis.The platform is relatively lax in the certification and supervision of downwind owners.This lax supervision mode also causes a series of problems.Firstly,this paper starts with the real life cases,and draws out the legal disputes faced by online car appointment in reality,mainly in three aspects,namely,the legal subject positioning of platform,the legal relationship between platform and driver,and the legal relationship between platform and passengers.Secondly,this paper makes a theoretical study of the above-mentioned disputes,and deeply differentiates the disputes,defects and rationality between the broker and the carrier;demonstrates the defects of the labor relations theory and the labor relations theory,the rationality of the accidental partnership theory and the applicable network contract model;and analyses the inappropriate brokerage contract theory between the platform and passengers,and the passenger transport contract relationship between the two theories.The legitimacy and rationality are analyzed.Thirdly,through case study,this paper makes a typological analysis of the identification of civil liability for damage caused by contract cars from two aspects of breach of contract and infringement.Finally,the author believes that the definition of civil liability for injuries caused by online car-booking needs to unify the legal positioning of online car-booking in the management rules,distinguish and identify the legal relationship between platforms and drivers under different modes,clarify the identification of the main body of responsibility under different modes,establish the liability mechanism for platform recovery,and construct a supporting insurance liability mechanism.