Research On The Legal Liability Of Online Car Hailing Platform

Online car hailing platform has the dual attributes of "enterprise market" and the advantages of technology and information,which makes it the core role in the triangular relationship of "individual platform government" in the online car hailing industry.The legislation has set many legal responsibilities for the online taxi booking platform,which are mainly stipulated in the《INTERIM MEASURES FOR THE MANAGEMENT OF ONLINE BOOKING TAXI OPERATION AND SERVICE》and the normative documents formulated by local administrative organs.After combing,it can be found that the responsibility setting of online car hailing platform is closely around the protection of passenger safety and the interests of passengers,and runs through before,during and after the transaction.In addition,there are many new contents in the local normative documents that are not mentioned in the interim measures,such as requiring the online car hailing platform to fulfill the main responsibility of the platform,the responsibility of public security and prevention,the responsibility of compensation in advance,and the dynamic management of the physical and mental health and qualification changes of drivers.However,in reality,the frequent problems in the field of online car hailing reflect that the legislative responsibility for online car hailing platform is not perfect.On the level of public law responsibility,it is reflected in the lack of normative basis for the platform to undertake part of the regulatory responsibility,the ambiguity of some legal concepts,the lack of exemption clauses on the platform and the insufficient protection of drivers’ interests;On the level of private law responsibility,it is reflected that the carrier’s responsibility of online car hailing platform is inaccurate and some private law responsibilities exceed the legislative authority.The problems of online car hailing platform in performing their duties are as follows:firstly,the power of platform compliance is insufficient;secondly,the phenomenon of platform rash responsibility judgment is prominent.Generally speaking,there are three problems in the responsibility setting of online car hailing platform.One is that the responsibility of the platform is obviously too heavy and lack of exemption design.The essence of the provisions of subject responsibility and advance compensation responsibility is to require the online car hailing platform to bear a kind of responsibility or result responsibility;second,the one-way responsibility setting of online car hailing platform pays attention to the protection of passengers’ interests and ignores the protection of drivers’ rights and interests;third,the online car hailing platform forms de facto private power based on technology,information and other resources,and there is a risk of abuse of private power.The responsibility setting of online car hailing platform has not made an effective response to this.In view of the above problems,the author puts forward suggestions from two aspects of public law responsibility and private law responsibility system of online car hailing platform.In terms of public law responsibility system,first of all,we must grasp the main principles of responsibility setting of online car hailing platform,that is,the principles of matching,clarity,distinction and balance;secondly,we should effectively regulate the exercise of the private power of the online car hailing platform,strengthen the risk prevention and control responsibility of the online car hailing platform,formulate the main responsibility list,and set up exemption clauses.In the aspect of private law liability system,it is mainly to delete the provisions that the online car hailing platform should bear the carrier’s liability and the compensation liability in advance,so as to avoid the excessive interference of local administrative legislation in the civil field.At present,strengthening the responsibility of online car Hailing platform is the core of regulatory department’s regulation of online car hailing,but the cooperative governance model is more conducive to the healthy development of online car Hailing market,so we should actively promote the generation of cooperative governance model in the future.