| In recent years,the number of online car Hailing traffic accidents has increased significantly,among which the part-time "private car franchise" online car Hailing express is the most controversial.How to determine the main body of compensation liability and the internal responsibility division of platform and driver in such traffic accidents has become a difficult point in current judicial practice.There are two main reasons leading to a large number of cases with different judgments: first,the legal relationship of the online car Hailing party is complex and the legal status of the online car Hailing platform company is not clear;Second,there are different standards for the judge to determine the subject of compensation liability.Under the sharing economy and casual economy,the traditional employment relationship is broken.Based on the theory of non-standard labor relationship,this paper holds that the part-time online appointment express is in line with the characteristics of temporality,flexible working place and time,and the platform and drivers form a new occasional cooperative relationship in this type.By combing the judgment views of online express traffic accident cases from 2014 to 2019,this paper summarizes the problems existing in the determination of platform tort liability: the single imputation principle is not applicable,the fault standard of the platform is vague,it is quite difficult to determine the causal relationship in new motor vehicle traffic accidents,and the form of platform tort liability is lack of unified classification.This article draws on the principle of attribution of motor vehicle infringement liability in Article 76 of my country’s Road Traffic Safety Law and the "dualism" in judicial practice to demonstrate the legitimacy of the infringement liability of the online car-hailing platform.When the danger comes from driving behavior,the passenger is injured and the third-party motor vehicle is injured,the platform applies the principle of fault liability;when the third-party non-motor vehicle is injured,the platform applies the principle of no-fault liability;when the danger comes from the victim himself At the time of the act,the platform does not bear tort liability.Through the relative dualism of "personal control" and "relative benefit",the relative causality between platform infringement and damage consequences is judged,and finally the different types of infringement liability forms of the online car-hailing platform are unified: in general,the platform assumes corresponding supplements Liability for compensation,fair liability under special circumstances. |
