Research On The Legal Relationship Between Online Car-Hailing Platform And Drivers

In response to the online car-hailing problem,the central and local governments have successively issued laws and policies on online car-hailing management.While recognizing their legal status,they have tried to regulate the legal issues in the process of online car-hailing.However,the legal relationship between the online car-hailing platform and the driver,which has received much attention and controversy,has not been clearly defined.At the same time,although the theory and practice circles continue to pay attention to this issue,they are still at the stage of disputes with different opinions.The problem with the determination of the legal relationship between the two is related to the fact that online car-hailing is a new thing and the highly diversified online car-hailing platform.The legal relationship between the two should be based on the principles of tilt protection,rationally distributing rights and obligations,taking into account efficiency and fairness,and public interest,combining the "universal standard" and "flexibility standard" according to the different business models of the platform are typed.The determination of the legal relationship between the two poses a challenge to the traditional labor relationship.It is necessary to update the concept and system of the labor relationship identification and adopt the "element inspection" model.When judging whether there is a labor relationship,various factors should be comprehensively examined.The absence of a certain element cannot deny labor relationship.In addition,recognizing intermediate-type subjects between equal civil subjects and subordinate workers,and giving them some protection in labor law,breaking the tradition of identifying traditional labor relations as "either one or the other",and establish a hierarchical social security system covering multiple forms of employment,is also the direction that future labor legislation revision will focus on.