Research On The Liability Of Online Private Car Platform For Passengers' Breach Of Contract

In recent years,thanks to the rise of "Internet +" sharing of economic ideas and technology application,the online car-hailing service has emerged and revolutionized the transportation field.The online car-hailing service has met the diverse needs of people and has broken the chronic diseases of the traditional taxi industry for many years,which has become the new fashion of transportation.The emergence of the online car-hailing system has had a huge impact on the existing system,and there has been constant debate about its legality.The Internet booking taxi service management interim measures "gives the legal status of network about car at the same time,made provisions for its business operation and management,and established the access of private cars.However,the Interim Measures are less involved in the private law relationship in the operation of the network,and the legal relationship between the platform and other parties is unclear,and the practice circles have a great debate on the identification of the main body of responsibility in dealing with the disputes.This paper attempts to discuss these problems in order to provide useful ideas for theory and practice.This paper is divided into five parts:The first part is introduction,which aims to illustrate the origin and object of this study.The emergence of the online car-hailing service has had a profound impact on social life,but the legal relationship and the issue of the right remedy have always been the focus of the debate.This paper focuses on discussing the responsibility of the platform to passengers in this mode,which has strong theoretical and practical significance.The second part studies the theoretical basis and the nature of responsibility of the online private car platform for passengers' legal liability.The violation of legal obligation inevitably produces legal responsibility.There are many theories about the relationship between the three parties in the private car operation.This paper holds that the platform and the passenger set up the passenger transport contract relationship,and the driver should serve the passengers as the workers of the platform.The platform is supposed to be the liability for breach of contract for the passengers.The third part discusses the attribution principle and responsibility structure of the online private car platform's liability for passengers' breach.This paper holds that the liability of platform for passengers' breach of contract should be based on the specific content of damage,and applies the principle of fault liability and no fault liability in parallel.On the basis of liability for breach of contract,we should adopt specific elements of breach of contract + exemption from liability.The fourth part discusses the specific way of the online private car platform's liability for passengers' breach.The liability for passengers' breach of contract should be based on different forms of breach of contract and flexible use of various types of liability including continuing performance,price reduction,breach of contract,deposit and damages,and the coordination between different ways of responsibility should be taken into consideration,so that the rights relief of passengers can be more maneuverable.The fifth part discusses the concurrence of liability for breach of contract and tort liability and the application of liability recovery in the case of breach of contract.The concurrence of liability for tort and liability for breach of contract is a common situation in the judicial practice of private cars.However,there are many differences between the two kinds of responsibilities,and the passengers need to choose flexibly so as to maintain their own interests to the maximum.In addition,the platform should be allowed to have the right of recourse to the responsible persons,which is conducive to the long-term development of the Internet related car industry.