Research On Platform Tort Liability In Traffic Accidents Of Ride-hailing Under C2C Mode

With the development of sharing economy,Ride-hailing services,as a new form of transportation,has been favored by the public,bringing convenience to People’s Daily travel.However,traffic accidents of online ride-hailing occur frequently,and laws and regulations related to online ride-hailing are still lacking,it is difficult to apply laws to the disputes of online ride-hailing traffic accidents.It can be found by sorting out the traffic accident liability dispute cases of online ride-hailing that the court has different adjudication for the infringement cases of online ride-hailing traffic accident.In particular,the legal nature of the platform under the "customer to customer " mode,the legal relationship between the platform and the driver and the responsibility for the traffic accident are quite controversial,resulting in different adjudication in the same case.The academic community has a huge debate on the legal relationship between ride-hailing platforms and drivers,as well as the nature of ride-hailing platforms.The ride-hailing drivers under the "customer to customer " mode should be divided into full-time drivers and part-time drivers respectively,and the ride-hailing platforms should be identified as special carriers from the perspectives of operation dominance and operation interests based on the current laws and regulations.On this basis,the relationship between online ride-hailing platforms and drivers is analyzed,and special labor relationship is established between platforms and full-time drivers,and business cooperation relationship is established between platforms and part-time drivers.In addition,the tort liability disputes and disputes of overseas ride-hailing traffic accidents are summarized,and the legal positioning and judicial disputes of overseas ride-hailing platforms are analyzed,so as to provide new ideas for the study of platform tort liability in China’s ride-hailing traffic accidents under the "customer to customer " mode by drawing on foreign experience.Misunderstandings for "customer to customer " network tort liability exists about car platform platform for the employer’s vicarious liability,the platform and network about express drivers shall take several and joint liabilities,platform,the corresponding supplementary liability,platform does not assume liability disputes,disputes about car platform based on network management interests,responsibility and risk control ability,It is pointed out that in the C2 C mode,the platform assumes the vicarious liability of the employer in the traffic accident of full-time drivers,while in the C2 C mode,the platform and the driver in the traffic accident of part-time drivers share benefits,risks and joint liability.