Study On The Civil Liability Of Traffic Accidents Caused By Online Car Hailing

With the continuous development of the Internet economy,the ride-hailing Service,represented by Didi Chuxing,provides great convenience to consumers in their daily lives.Unlike the traditional ride-hailing service,the ride-hailing service can make use of the information sharing of the Internet,to maximize the passenger travel efficiency,saving passengers and drivers time,gradually become a new way of sharing the economy.The legalization of ride-hailing has encouraged and promoted the development of some ride-hailing platforms.However,there are two sides to everything.The dispute about the infringement of ride-hailing is emerging constantly,and the personal injury or property damage caused by ride-hailing is frequent.At present,there are two major problems in the application of the tort liability of ridehailing in China,one is the dispute between the platform and the driver,the other is the dilemma of the existing law.Faced with such a situation,how to determine the legal relationship,who is responsible for the main body,how to determine tort liability,how to bear the proportion of liability,these issues are worth our discussion and analysis.The author thinks that we should not confine ourselves to the current law when we study the civil liability of car-hailing traffic accidents.As a representative product of the sharing economy in the Internet age,the sharing economy,as a new economic model,is necessarily quite different from the traditional economic model,the existing legal system is difficult to distinguish and identify the civil law problems in the new economic model.In the trials of real-life NLC cases,various local courts have given different judgments in the same case,which shows that the trial and resolution of related issues need to be clearly defined and distinguished by law,in this way,the court can have enough legal basis to determine when trying a case,to avoid the frequent occurrence of different judgments in the same case.The author thinks that it is necessary to make a typological analysis of the car-hailing platform under different circumstances and distinguish the legal relationship between the car-hailing platform and the driver as well as the assumption of tort liability.The good and orderly development of online car-hailing not only needs the local government to carry on the management to the online car-hailing in the law enforcement process,but also needs the legislation and the judicature to renew unceasingly and the progress.In terms of legislative proposals,it is considered that the full responsibility should not be attributed to the ride-hailing platform,and the burden of responsibility of the ride-hailing platform should be appropriately lightened so that legislation can better link up with the development of the "sharing economy",at the same time,it can also bring more convenience to judicial practice,and make the economy of car-hailing network develop in a more tolerant environment of rule of law.