Research On The Route Of Ordinary Crowdsourcing Rider’s Right Guarantee

With the continuous development of information technology,driven by knowledge innovation 2.0,the integration and coordination of the Internet and traditional industries,new business type flexible employment came into being,such as takeout,online car-hailing and other forms.New business type created a large number of jobs with low threshold and flexible operation,but also put forward new requirements for the existing labor legal system and social security system.This paper focuses on the dilemma of crowdsourcing rider,which is discussed from four aspects.The first part provides basic theory support for other subconcepts by reading and combing the relevant literature to clarify the concept and background of crowdsourcing relationship.By comparing the characteristics of direct rider,special rider and crowdsourcing rider,the particularity of crowdsourcing rider is separated.The second part focuses on the legal relationship between the platform and crowdsourcing riders.By analyzing the qualification of crowdsourcing rider and platform,whether it accords with the subject qualification of labor legal relationship;by restoring the whole process management of crowdsourcing network distribution platform to crowdsourcing rider distribution,whether it constitutes labor management;by analyzing whether the distribution service of crowdsourcing rider is consistent with the business components of crowdsourcing network distribution platform,whether it is the main business of crowdsourcing network distribution platform.The third part analyzes the problems such as overloading of work pressure and insufficient safety protection in the protection of the rights of crowdsourcing riders.Unreasonable occupational injury insurance,irregular employment of crowdsourcing platform,lack of independent rights organization of crowdsourcing riders,lack of enthusiasm of cooperative management subjects and other factors lead to the siltation of the problem.The fourth part mainly expounds the conception on the framework of protecting the rights and interests of crowdsourcing riders: first,perfect the relevant legal framework,provide the code of conduct for the platform to standardize the employment,but also provide the legal and legal basis for the rights of crowdsourcing riders,at the same time,provide the basis for the court to decide disputes and stop disputes,and standardize the discretion of the court.Second,the establishment of special rights organizations to provide help for crowdsourcing riders to safeguard their rights and interests.Third,optimize the construction of the trial team,establish a special trial court,and improve the professionalism and flexibility of dealing with new business type.Fourth,the traffic management department optimizes road safety supervision,clarifies the cost of illegal activities,strictly enforces the law,and kills the hidden dangers of road traffic safety.The relationship between crowdsourcing rider and crowdsourcing platform belongs to mutual benefit and win-win relationship.Takeout platform should take the initiative to undertake corporate social responsibility,cooperate with each subject,enhance the consciousness of collaborative governance of multiple subjects and perfect the cooperative governance mechanism,so as to perfect the guarantee system of crowdsourcing rider,make the industry develop in a benign direction,seek long-term benefits,and provide protection and standardized ideas for other flexible forms of employment under new business type.