A Study On The Tort Liability Of Online Car-hailing Platform

Online Car-hailing industry is a typical emerging industry,its development is accompanied by the progress of mobile Internet and the popularity of smartphones.Although the time of the birth of the ride-hailing industry in our country is short,its development momentum can not be underestimated,now it can be seen in almost every city in our country,this new way of travel is also popular with the public,has developed into an important force in China’s passenger transport industry,deeply changed the people’s travel concept and travel habits.However,in the process of the development of the ride-hailing industry,the endless incidents of ride-hailing infringement have become a hot issue of social concern.At the same time,in the ride-hailing infringement,who should bear the tort liability,what is the responsibility of the ride-hailing platform in this process? How to get the legal relief if the legal rights and interests of the infringer are damaged? These theoretical and practical problems need more attention and thinking.This paper can be divided into five parts:The first part is the particularity of tort liability of ride-hailing platform.There are differences between the tort and the general tort liability dispute,which is manifested in the particularity of the operation mode of the ride-hailing platform,and the particularity of the legal status of the ride-hailing platform,which makes it very different from the general tort liability dispute and needs to be discussed separately.The second part is the infringement of ride-hailing platform.There are many forms of infringement,including personal privacy infringement,personal safety infringement and traffic accident infringement.In addition,the infringement of ride-hailing platform has the characteristics of complex legal relationship and various principles of imputation.The third part is the causal relationship of the infringement of the ride-hailing platform.Causality is an important part of the elements of tort liability,which can be classified in many different ways.Causality is the premise and key to imputation of the platform when the ride-hailing platform assumes tort liability.The fourth part is the subjective fault determination of tort liability.Fault includes intent and negligence,and the principle of imputation includes fault liability and no-fault liability.Under different operating modes of the ride-hailing platform,the applicable imputation principle is different,so it is necessary to discuss the two situations where the platform is the intermediary and the platform is the carrier.The fifth part is the exemption of tort liability of ride-hailing platform.Exemption from liability is not a subsidiary of tort liability theory,it has its unique legal value and significance,for the tort liability law under the exemption of the reasons,of course,also applicable to the network ride-hailing platform infringement,self-help acts,public interest,these laws do not explicitly provide for the reasons for exemption.