Research On Platform Liability In Car-hailing Infringement Incidents

As a new format created by the combination of the internet and traditional taxi in the context of the sharing economy,the online ride-hailing is favored by passengers because of its convenient characteristics.However,in the torts,the platform of online ride-hailing and the ride-share drivers prevaricate their mutual responsibilities,which lead to the violation of the rights and interests and produce a series of legal issues,which are not available.Therefore,disputes over the tort of ride-hailing vehicles around the country arouse controversy in the judicial theoretical and practical circles about the responsibilities of the ride-hailing platform.This article selects three closed online ride-hailing tort dispute cases in judicial practice as the starting point to study the liability of the platform of online ride-hailing in such cases.The article primarily includes the following four parts:The first chapter is the introduction.Introduce research background,research significance,research content and research status at home and abroad.The second chapter is about the case situation and the legal dispute focus.The author introduce three torts of the online ride-hailing-“The first online ride-hailing dispute case in Anhui province”,“Wang Moumou and DiDi company case of tort of the online ride-hailing and“the dispute case of the online ride-hailing of Mo Moumou and Shenzhou Youche company”.Sort out the basic situation of the case and summarize the common legal dispute focus of the differences of opinions faced by the court in the process of trial.The third chapter is about the legal analysis of the dispute focus of the cases.The author bases on the current academic mainstream theory and judicial trial results,combines with the actual situation of the case and analyses the legal status of the platform of online ride-hailing,the legal relationship between he platform of online ride-hailing and the driver and the way to bear the responsibility of the platform of the online ride-hailing analyzed thoroughly and comprehensively.The fourth chapter is about the conclusion of the case and the legal thinking.According to the systematic analysis of the torts of the online ride-hailing about the cases,this paper summarizes the conclusions and relevant legal thinking of the online ride-hailing infringement cases.Under the self-operating mode,the platform of online ride-hailing is the traditional carrier,which forms the traditional labor relationship with the driver and undertake joint liability in the event of online car Hailing infringement.Under the quartet agreement,according to the closeness of the relationship and the flexibility of employment under the sharing economy,the platform of online ride-hailing is the new carrier,which forms the new labor relationship with the driver,In the event of the online ride-hailing infringement,the company shall bear joint liability for compensation.in the Hitch-hike,the platform of online ride-hailing and the driver constitute an intermediary relationship and bear the intermediary liability.At the same time,it arouses the legal thinking of the right of recourse,which contains new types of the online ride-hailing insurance and liability period of o the platform of online ride-hailing.