| Online ride-hailing industry has developed rapidly since its emergence.Nowadays,people’s living pressure and urban traffic pressure are increasing.With its characteristics of convenience,online ride-hailing has become one of the very popular ways of travel with convenience,time and comfort.With the increasing number of users,some problems have been gradually exposed,such as the unclear subject status of the platform and the unclear legal relationship with all parties.These problems have caused a fierce impact on the sustained and healthy development of China’s online ride-hailing industry.therefore,The author believes that due to the diversification of online ride-hailing operation mode,The applicable specifications should not be the same in different modes,This paper will mainly analyze and study the civil liability of C-C model in practice,The research content is mainly divided into the following parts: First,After zing the labor disputes and infringement disputes of traffic accidents related by local courts in the past five years,It is unclear what status of the platform and the relationship between the platform and the parties,Thus leads to the confusion of the responsibility subject and unclear problem;next,On the basis of the above-mentioned judicial cases,Combined with the views of Chinese scholars on the subject status of online ride-hailing platforms and the legal relationship between various subjects,By comparing the experience of judicial cases in the United Kingdom and the United States,The theoretical analysis of "hazard responsibility" shows that the ride-hailing platform and the driver are co-carriers in C-C mode,The platform and the driver are a partnership,the two and passengers form a passenger contract relationship;last,Based on the above analysis,To discuss and analyze the problems of breach of contract,the principle of tort liability liability,constitutive requirements,and the ways of compensating for damages of the online ride-hailing platform in the C-C mode,And specifically stated that under the partnership,Responsibility for the platform and the drivers. |
