Research On Damage Compensation System Of Ride-sharing Platform

Once there are accidents related to rights infringement happening in ride sharing,whether the ride-sharing platform should undertake the corresponding tort liabilities or not still triggers great disputes in the theoretical circle.Staring from the existing laws and cases and combing with the existing academic researches,this paper discusses the distribution of tort liability of ride-sharing platform and puts forward relevant suggestions onride-sharing platform,so as to balance the rights and interests of drivers,passengers and ride-sharing platform.In the first part,the paper elaborates the basic concept of ride sharing.Then,it analyzes the legal status of ride-sharing by distinguishing it from other car-hailing platforms,focusing on its speciality of operation mode and legal nature and liability.It is believed that the platform has larger intervention on the drivers,customers and it is not just the pure middleman.In the second part,there are still a lot of realistic difficulties for the platform to undertake the liability for compensation,which leads to the unclear distribution of liabilities for passengers and drivers when accidents happen.The difficulties lie in that: exception clauses in the formality agreement are provided by the platform;the applicable laws have lighter liability requirements for ride-sharing platform;there are no special laws for regulating the platform,which shows the importance of clarifying the legal responsibility of the ride-sharing platform.In the third part,through analyzing and comparing the opinions of various parties in the theoretical circle,it puts forward that ride-sharing platform should take the joint liability and discuss the liabilities for the platform to undertake such liability from the perspectives of theory and practice.Finally,it puts forward the supporting suggestions on improving the tort compensation system.Firstly,the relevant regulations on ride-sharing platform should be clarified by legislation;secondly,the restraint and management mechanism of the ride-sharing platform shall be established;thirdly,the new type of insurance should be innovated and the passengersshall be included in the compensation scope of social assistance fund after paying the relevant fees in this regard,which helps to form the stimulation mechanism to reduce the burden of ride-sharing platform.