Research On Civil Liability Of Online Ride-hailing Traffic Accidents In China

In the era of the rapid development of the Internet and the sharing economy,the new thing of ride-hailing came into being and developed rapidly.On July 28,2016,the Ministry of Communications of the People’s Republic of China issued the Interim Measures for the Management of Online Booking Taxi Operating Services,which legally determined the legal status of online rental cars.At the same time,this document also stipulates that the online ride-hailing platform assumes the responsibility of the operator.However,the current laws,regulations and industry norms on online ride-hailing have not yet been perfected,and liability disputes for traffic accidents are basically in an unreliable state.As a result,in judicial practice,the courts have different ruling ideas for handling traffic accident liability dispute cases caused by various modes of online car-hailing.This has also affected the development of a new type of sharing economy,such as ride-hailing.For this reason,the author believes that it is necessary to discuss the liability and insurance liability issues after the traffic accident.This article analyzes the legal problems in the civil liability for online ride-hailing traffic accidents through normative analysis and case study methods.It is concluded that the frequent occurrence of ride-hailing traffic accident disputes is mainly due to the lack of corresponding legal regulations on the identification of the relationship between the online ride-hailing platform and the driver,and the responsibility undertaking,Meanwhile,there are also problems in insurance system and supervision.Therefore,the relevant laws should be improved as soon as possible to define the legal relationship between the ride-hailing platform and the driver,so as to further divide the responsibility between them.Construct a scientific and reasonable platform responsibility system,and force the platform to regulate the operation of online ride-hailing.Improve the insurance liability system,so as to protect the interests of passengers more comprehensively.Establish a reasonable supervision mode,realize the mode of cooperation supervision between the government and online ride-hailing platform,and then promote the better development of online ride-hailing industry.