| With the gradual rise of "private cars in internet plus",the hitchhiking business based on it has been developed.The construction of the ride platform brings together the scattered private car owners and passengers,and extends the ride-sharing business of "along the road and with the wind" to strangers.It provides a new and preferential ride channel for office workers with financial difficulties and inconvenient travel,and has many advantages such as convenient travel,traffic congestion relief,environmental protection,resource conservation and so on.However,while the number of users of the ride platform and the created economic benefits have multiplied,the construction of the new platform inevitably brings a series of negative effects.Among them,the typical ones are the problems of "passengers being infringed by car owners" and "passengers being killed or injured in traffic accidents" during the operation of the ride platform.In practice,these problems are faced with the dilemma of pursuing blame,which exposes legislative defects and deficiencies,so that passengers can not get adequate relief and can not restrict the nonstandard and inadequate behavior of platform supervision.Whether it’s "passengers are infringed by car owners" or "passengers are killed or injured in traffic accidents",the root of the blame lies in the lack of safety guarantee obligation of the ride platform.The existing research focuses on the general network ride-hailing platform with operational nature,but little attention has been paid to the legal status,obligations,specific content of security obligations,judgment standards and legal responsibilities of non-operational ride-hailing platform.According to the existing judging point of view,the hitchhiking platform is positioned as an intermediary,a security obligor,or both.When the legitimate rights and interests of passengers are infringed,the hitchhiking platform will not bear the responsibility,or bear the substitute responsibility,supplementary responsibility and joint liability.The conclusions are different,and the reasons for judging are also different,resulting in a situation of "different judgments in the same case".Based on the introduction and comments of the broker theory and the security obligor theory,this paper adopts the methods of horizontal and vertical comparison and case analysis.Based on the business model,profit-making attributes and non-operating characteristics of the ride platform,it is clear that the ride platform has a compound legal status,and it should undertake security obligations based on the risk control theory,including qualification examination obligations,technical equipment installation obligations,crisis handling and relief obligations,etc.Take laws,regulations and specific obligations as objective judgment criteria,and "good managers" as subjective judgment criteria,and investigate the legal responsibility of the hitchhiking platform for violating the safety guarantee obligations.If the ride platform fails to fulfill its security obligation and infringes the personal rights or property rights of passengers,it shall bear the tort liability.Specifically,when the owner of the windmill infringes the rights of the third party,if the windmill platform meets the judgment standard of corresponding breach of obligation,it should bear joint and several liability with the owner.After the platform assumes the responsibility,it has the right to recover from the third party,and the recovery ratio depends on the specific situation.The setting of this responsibility-bearing mode not only accords with the risk control theory in academic value and provides new insights,but also maintains the trust interests of passengers in a weak position to the maximum extent and promotes the sound development of the ride platform in practical value. |
