On The Legal Issues Of The Protection Of Passenger’s Civil Rights In Online Ride-hailing Service

With the rapid development of the Internet and the acceleration of the urbanization process,the combination of traditional industries and the Internet has spawned a new type of travel,such as "car-hailing",and has become the most popular short-term travel for urban residents in just a few years.The main choice.The emergence of online car-hailing meets the personalized requirements of passenger travel,increases the employment channels and incomes of some people,optimizes the resource allocation of social idle vehicles,and promotes the development of local economy.But at the same time,due to the imperfection of the system and the inconsistency of dispute resolution measures,the civil rights of passengers are also threatened to varying degrees.This article analyzes the existing civil rights protection situation from the current situation of liability when passengers’ rights are damaged,summarizes their existing problems,and combined with practice,gives legal suggestions for improving the civil rights protection of passengers in the car-hailing service.This article includes the following five aspects:The first part is an overview of online car-hailing,elaborating on the concept,particularity and operating mode of online car-hailing,and summing up the three operations of the platform’s own model,the "four-party agreement"model and the private car model.Modes and their characteristics.The second part explains the current legal problems in China’s online car-hailing service,and analyzes the reasons,including the unclear legal status of the online car-hailing platform company,the unclear responsibility bearer,and the claims for online car-hailing traffic accident insurance claims.It is concluded that the main body of the passenger transportation contract is unclear,the relationship between the online car-hailing platform company and the driver is controversial,and the reason for the imperfect online car-hailing supervision.The third part analyzes the relevant legal issues in detail when the liability for breach of contract occurs,starting from the online car-hailing contract,analyzing the legal relationships of all parties,including the rights and obligations of the passengers,the legal status of the online car-hailing platform company in different modes,and the online car-hailing platform The relationship between the company and the driver,and determine the responsible subject in case of default.The fourth part analyzes the relevant legal issues in the case of infringement,from the principle of liability to the determination of the infringing subject,and then to the bear of tort liability,the analysis concludes the responsibilities that the car-hailing platform company and the driver should bear under different modes.The fifth part gives suggestions on improving the civil rights protection system for ride-hailing passengers,including increasing judicial interpretations to determine the status and responsibilities of ride-hailing platform companies in different modes,establishing a nearby alternative fulfillment system,and using the principle of liability inversion flexibly.Clarify the responsibilities of the supervisory department and innovate the supervisory model,add additional operational insurance and set up a driver’s access system in a reasonable manner.