On The Security Guarantee Obligations Of The Online Car-hailing Service Platform

The security guarantee obligation of the online car service platform refers to the legal responsibilities that the platform must bear in the process of providing online car service for users who access it.The development of science and technology,the advancement of the times,and the need for new products based on the Internet technology in the new century have led to online ride-hailing.It originated in the West and entered the Chinese market in 2010.In just a few years,it has developed into a huge market with a transaction value of more than 100 billion yuan.Up to now,China’s laws and regulations have recognized the online platform for the car ride,but the related supporting regulations are not perfect,especially the lack of a set of legal level regulations.According to its own nature and business model,the security guarantee obligations of the online ride-hailing service platform are mainly divided into the following four categories: taxi mode,downwind mode,express train mode,and driving mode.Among them,the express train mode and downwind mode are divided into "private vehicle + private driving" mode,"platform own vehicle + docking(own)driving" mode,"car rental company vehicle + labor employment" according to the source of the vehicle and driver.Driver "mode.The Interim Measures for the Management of Online Booking Taxi Operation and Service Management is the first special regulation in China for the management of online car booking,which stipulates that the service platform shall bear the responsibility of the carrier for passengers.However,the platform’s responsibilities under different models are different.In the absence of a passenger contract relationship,it is necessary to protect the interests of passengers with the platform’s tort law security obligations.At the same time,it is in line with legal principles and the necessity of having the online ride-hailing service platform to assume the security guarantee obligation.The nature of the security guarantee obligation of the ride-hailing service platform is consistent with the determination of the co-operation theory.At the same time,because the ride-hailing platform is based on the Internet,its legal responsibility is mainly concentrated in two aspects: software and information.The software focuses on providing consumers with a safe,reliable,and stable network environment,and making a reasonable regulation,warning,and protection obligations for platform users’ lives and property safety to protect them from third parties.If you encounter some operating methods or behaviors that violate regulations during the service process,you must report to the relevant administrative department on time and take corresponding solutions according to specific problems.In terms of information,the privacy of passengers should be kept confidential.The first step should be to improve and strengthen the verification of the information on both sides of the platform and the disclosure of the information that must be understood.Disclosure of necessary information in certain circumstances.Second,establish a sound accountability mechanism and data backup system.Take necessary treatment and remedial measures in time for illegal acts that intentionally leak or abuse passenger personal information,and provide necessary and effective evidence support for possible infringement events.Because of its multi-type operation organization,the online car service software has produced two roles in the actual operation,namely the carrier role and the intermediary role.As a result,the platform has produced two different types of civil liability during the actual operation: liability for breach of contract and liability for tort.In different disputes,the responsibility of the online ride-hailing service platform will be different.In the event of a traffic accident,under the premise that the online ride-hailing service platform belongs to the role of an intermediary,if the accident is caused by a vehicle factor,the online ride-hailing service platform has a problem of not strictly verifying the vehicle and needs to bear the liability for infringement compensation.If the accident is caused by driver factors,the platform has a problem of not strictly verifying the driver’s qualifications,and it also needs to bear the liability for infringement compensation.If the accident is caused by the passengers themselves,the platform will not cause liability issues.(Except the platform itself is also faulty)Under the premise that the online car service platform belongs to the contract carrier role,there is no need to discuss the situation separately.The platform must be responsible for the corresponding breach of contract based on the passenger contract.At the same time,if it is due to the vehicle or the driver According to the actual situation,passengers can choose their own legal relationships to protect their rights.In the event of a dispute between the ride-hailing driver and the passenger,if the platform is only an intermediary at this time,it shall bear tort liability within a reasonable limit,which is limited to the passenger’s trust in the ride-hailing service platform.If the platform is in the role of a carrier at this time,then there is no need to consider that you need to bear liability for breach of contract or infringement on the passenger.When the passenger’s personal information is infringed,if the subject of the infringement is the driver of the ride-hailing car,the platform does not need to bear the liability for infringement,but only has the obligation to assist in the investigation.If the subject of infringement is the ride-hailing service platform,the subject of liability will be the platform itself rather than the driver.Judging from the current development situation,there is a certain lag in the legislation of the ride-hailing industry.In order for the industry to develop in a healthy and stable manner,certain improvements are needed.First of all,it is necessary to unify the legal provisions of online car rental,discuss the different operating modes of the online car rental service platform,and especially emphasize that while legally restricting the online car rental behavior,it should also clarify its legal responsibilities.At the same time,in view of the current legislative limitations of the relevant regulations of the online ride-hailing service platform,by drawing on the content of the "Interim Measures",a special law was formulated to further regulate the online ride-hailing behavior and enhance the sense of responsibility.Secondly,innovate the current platform supervision model,build a flexible spot-check supervision system,strengthen cooperation between the government and market players,and form a set of long-term mechanisms to ensure the development of the entire industry.