Study On The Liability Of Takeaway Delivery Platform To Riders Injury People

In recent years,the occurrence of traffic accidents caused by takeout riders and the occurrence of takeout delivery platforms evasive responsibility has become a focus of debate as to whether takeout delivery platforms should take responsibility and what legal relationship they have with riders.In judicial practice,takeout delivery platforms often avoid the corresponding tort liability by claiming that there is no direct legal relationship between them and riders,and the courts have different opinions on whether and what kind of liability the delivery platforms should bear.The premise to solve this problem is to clarify the nature of the legal relationship between takeout delivery platforms and riders.On the one hand,the identification of the legal relationship between takeout delivery platforms and riders determines whether the rights and interests of the infringed can be adequately remedied,on the other hand,it is also related to the economic development of takeout delivery platforms.Therefore,how to balance the interests of the takeout delivery platform,the infringed party and the rider through the identification of the legal relationship between them has become a problem to be solved by the theoretical and practical circles.At present,in China’s judicial practice,there is a big disagreement about whether and what kind of responsibility the court should bear for selling and distributing platforms.Some courts have determined that there is no legal relationship between delivery platforms and riders,so delivery platforms are not liable.This judgment is not conducive to the protection of the interests of the infringed,so it will not be considered;In the case of determining the tort liability of the food delivery platform,the judgment path adopted by the court is also quite different,namely the judgment path of "employer responsibility in the labor relationship","employer responsibility in the labor relationship" and "actual employer responsibility in the labor dispatch relationship".Although the three judgment paths all point to the takeout delivery platform to bear the responsibility,there are problems in identifying the legal relationship between the two as labor relationship,labor relationship or labor dispatch relationship.Although there is no explicit labor contract between takeout delivery platform and riders,the legal relationship between them conforms to the essential characteristics of labor relationship.First,in the process of combining labor and means of production,the means of production provided by takeout delivery platform plays a dominant role.Second,in the working mode of riders,riders have a subordinate property of selling and distributing platform.Legal relationship between the difference in labor relations and labor dispatch relationship,a typical labor relations is also a certain degree of change,therefore should take the atypical labor relations that the legal relationship between them,not only conforms to the theory of risk control,at the same time,to the greatest degree to the protection of the rights of the patentee,balance the interests of all parties,reduce social risk,should consult applicable to the specification of the labor relations.Under the premise that the non-typical labor relationship between the takeout delivery platform and the rider is constituted,according to Article 1191 of the Civil Code of the People’s Republic of China(here in after referred to as the Civil Code),the takeout delivery platform shall bear the responsibility of the employer,which shall be its own responsibility,and the no-fault principle shall be applied.In the case of rider traffic accident causing damage to others,takeout delivery platform conforms to the constituent requirements of the establishment of employer responsibility.After the takeout delivery platform assumes the responsibility,it can recover the money from the rider with intentional or gross negligence,but it will not recover the money from the rider with general negligence.Identified take-out delivery platform with atypical employment relationship with the rider and the legal relationship between the take-away responsible distribution platform,and breakthrough of contract relativity principle,through the legal relationship between the rider with the third party company,take responsibility for delivery and distribution platform,provides a theoretical basis for the patentee timely and effective to obtain adequate relief,perverse incentives platform through perfect insurance mechanism,improve the technology of management,reduce the rider the happening of traffic accident cause person damage cases,reducing social risks,for take-out delivery platform system of the sustainable health development of economy provides the specification.