Research On The Identification Of Tort Liability Of Online Ride-hailing

With the rapid development of sharing economy,online ride-hailing has become an indispensable way of travelling in modern society,which brings great convenience to the people's life.There are various modes of online ride-hailing,including “hitch”ride service,special car service and taxi service.However,an amount of legal problems came up in the operation of these modes: different types of online ride-hailing often lead to obvious differences in the division of liability both in judicial practice and academic field.The best way to get out of the dilemma is to accurately locate the legal relationship between the online ride-hailing platform and drivers or passengers according to the characteristics of different modes of operation.The paper suggests that people should consider the rights,liabilities and interests of each subject comprehensively on the premise of ensuring the healthy development of the sharing economy industry,and also clarify the legal basis for the division of tort liability,unify the standards to achieve judicial justice and fairness.The paper mainly consists of the following four parts:The first part focuses on the two most controversial modes of online ride-hailing:“hitch”ride service and special car service.Meanwhile,it lists the most common types of infringement in practice,and summarizes the existing legal regulations to solve the problem of tort liability identification of online ride-hailing.The second part is based on the similarity cases of different judgments in practice.It analyzes the disputes on the determination of tort liability in the “hitch”ride service,and puts forward that in this mode,online ride-hailing platform should take the security responsibility according to the provisions of the e-commerce law of the People's Republic of China.The third part is based on the typical cases of online special car service,which summarizes the dispute of infringement identification in the case of private car joining in the special car mode.On the basis of the existing research in the theoretical circle,the author puts forward that when the passenger or the third person is injured due to the fault of the driver of the special car,the platform shall take the liability of safety protection,and when the driver is injured during the service,the platform shall also bear the corresponding responsibility.The fourth part: in view of the above-mentioned two modes of tort liability identification,the paper puts forward several reasonable suggestions,which are,we must clarify the legal relationship between the online ride-hailing platform and the driver,unify the identification standards,and also need to establish diversified ways to solve these problems.