Research On The Legal Status Identification And External Tort Liability Of Crowdsourcing Deliverers

In recent years,China’s online distribution market scale development is extremely rapid.While promoting economic growth,platform enterprises have also created many employment opportunities for the labor market.But the rapid development of online distribution industry has also brought many problems.Among them,the most concerned and controversial issues are the identification of the legal relationship between the distributors and the parties,as well as the allocation of responsibility of the distributors in external infringement.Compared with other distribution modes,under the new employment mode of crowdsourcing,the distribution staff are more autonomous in the choice of working time and place.Platform enterprises do not sign labor contracts with the distribution staff,and introduce the distribution partner as the main body through signing cooperation agreements.Once the delivery is received,the distribution staff will unconditionally accept the strict control of the distribution specification constraints and algorithms formulated by the distribution partner.The above characteristics make the above problems more complex in this mode.After analyzing the existing laws and regulations,it can be seen that the definition of employment relationship and tort liability distribution of platform employees in China is not clear.After analyzing the cases of distributor infringement,it is found that the court has some problems in the process of judgment,such as difficult to determine the legal status of the distributor,difficult to apply the employer’s alternative liability,and difficult to fair the tort liability.To solve these problems,the premise is to clearly identify the legal status of distributors and clarify the legal relationship between the parties.There are many discussions on the legal relationship between the distributors and the platform enterprises under the crowdsourcing mode,and many theories have been formed,such as the theory of intermediary relationship,labor relationship,labor relationship and accidental partnership.There is not much discussion on the legal relationship between the distributors and the distributors,but it is often discussed more in judicial practice,and there are mainly four kinds of judgment results: intermediary relationship,labor relationship,employment relationship and labor relationship.By analyzing the contract model and judgment documents of crowdsourcing network contract distribution platform,it can be found that the distribution process is mainly managed by the distribution partners for the distribution staff.There is a strong subordination between some distributors and distribution partners,which meets the conditions of establishing labor relations with distribution partners.Due to the weak economic subordination,some distributors cannot be identified as labor relations with distribution partners,but should constitute employment relations.There is no direct legal relationship between platform enterprises and distributors.Platform enterprises and distribution partners constitute labor outsourcing relationship based on agreements signed.Therefore,the three belong to labor outsourcing triangle employment relationship.The allocation of responsibility of crowdsourcing distributors in foreign infringement disputes should be based on the legal relations of all parties.In the case of labor relations between the distributor and the distributor,the distributor shall bear the replacement responsibility if the matter occurs during the performance of his duties;in the case of employment relationship between the distributor and the distributor,the distributor shall also bear the liability of substitution.For the identification of the period of execution,crowdsourcing distributors in the distribution process can be considered to be in the execution of tasks.For the exercise of the right of recourse,it is necessary to determine whether the distributor has intentional or gross negligence in accordance with the actual situation.And the exercise of the right of recourse should be combined with the distribution partners to predict the possibility of infringement disputes and the solvency of the distributors to limit.