Study On The Subject Of Responsibility For Traffic Accidents Caused By Crowdsourcing Riders

Crowdsourcing riders,as typical flexible workers in the development of platform economy,have encountered many controversial problems while solving employment difficulties.A typical problem is the subject of responsibility after traffic accidents caused by crowdsourcing riders.Concerning this kind of problem,there is a big dispute between the subject of liability and the appearance factors of behavior affect the subject of liability,which directly leads to the phenomenon of different judgments in judicial practice.Through the analysis and induction of existing judicial cases,it is found that there are different forms of crowdsourcing riders in judicial practice.There are several problems in the liability subjects of traffic accidents caused by crowdsourcing riders in different forms.Under the two-party structure,it is not clear who should bear the responsibility for traffic accidents caused by crowdsourcing riders or platform enterprises.It is controversial whether the appearance of behavior should be considered as a key factor when determining the subject of responsibility.Under the compound structure,there is a dispute whether the outsourcing company should assume the liability as the main body or the joint liability of the outsourcing company and the platform company at the same time after the traffic accident caused by the crowdsourcing rider.In order to achieve the goal of balancing platform economic development and crowd-sourced rider rights protection,this paper proposes different solutions to the above problems under different structures: Under the two-party structure,the intermediate employment relationship is set to make it clear that the platform enterprise is the labor subject of such cases,and the appearance of behavior is the key element of identifying and performing work tasks.Neither of the two elements emphasizes control power,and the application of Article 1191(1)of The Civil Code no longer causes conflicts.Under the compound structure,it is clear that there is a labor relationship between crowdsourcing riders and outsourcing enterprises,there is no employment relationship between crowdsourcing riders and platform enterprises,and the appearance of behavior is no longer the basis for platform enterprises to bear joint and several liability,and the outsourcing enterprises are determined to be the subject of liability under the compound structure.