Research On Platform Responsibility In Traffic Accidents Of Online Private Car-hailing

Since the emergence of Internet-based taxis,they have developed rapidly and become one of the main ways for everyone to travel because of their convenience,fastness,and relatively low cost.The Internet-based taxis are not only superior in quantity and quality to traditional cruises.Taxi,according to statistics,the rate of traffic accidents on Internet-linked cars is higher than that of cruising taxis.Among them,private cars on Internet-linked cars account for most of the proportion and become the most prone to disputes because of their special legal relationship.The 2018 Civil Code draft commented on the liability of traffic accidents on the Internet.Although this article was finally deleted from the draft Civil Code,there are still many discussions in the theoretical and practical circles.At present,in the judicial practice of online private car traffic accident liability,there is the problem of the uncertainty of the responsible subject and the uncertainty of the form of responsibility.More intensive discussions have focused on whether the platform bears responsibility and what form of responsibility it bears The reasons for this are mainly the vague legal relationship between online private cars and the lagging responsibility system for motor vehicle traffic accidents.Based on this,this article starts from the determination of the legal relationship between online and private cars,and believes that private cars should be divided into express mode and downwind mode.These two modes should have absolute differences in legal relationship,and based on this further Analyze the responsibility of the platform in the private car traffic accident under different modes.In the express mode,the platform and the passenger form a passenger contract relationship,and the platform should be the carrier;the platform and the driver meet the dual characteristics of contractual relationship and labor relationship,and should be identified as non-standard labor relationships.When a third person is damaged due to a motor vehicle traffic accident,the platform is deemed to be a party to the motor vehicle according to the broad theory of operational dominance and operational benefits,and it shall bear direct responsibility;when the passengers of the online car are damaged,the platform may Article 76 of the Traffic Safety Law assumes direct liability without fault,and may also assume carrier liability in accordance with Article 302 of the Contract Law(Article 823 of the Civil Code),which depends on the litigation strategy of the injured passenger,and the platform should be opened to the second stage-the driver Responsibility for traffic accidents that occur after the appointment of software.In the downwind mode,private car owners and passengers have a passenger contractual relationship,the platform and the driver have a service contract relationship,and the platform is a security guarantee obligor and should assume security obligations such as review,supervision,and necessary measures,which violates the security guarantee.Obligations should bear different tort liability according to different damage subjects: when a traffic accident causes passenger damage,it can directly bear joint and supplementary liabilities according to different situations in accordance with Article 38 of the Electronic Commerce Law;when a traffic accident causes When three persons are damaged,they can be analogously applied to Article 49 of the Tort Liability Law(Article 1209 of the Civil Code)to assume joint and several liability,and at the same time,the platform is only responsible for the third stage-a traffic accident that occurs in the process of receiving passengers to receive orders.Due to the complicated legal relationship of the online private car business and the lack and ambiguity of the legal system,the court’s determination and responsibility of platform liability in traffic accident disputes often have contradictions and conflicts.Therefore,the author hopes that this humble opinion can help judges to deal with related issues.Provide some thoughts and ideas when questions are helpful to judicial practice.