On The Infringement Liability Of The Online Car-hailing Platform

With the development and application of taxi software in the era of data-based information network,after the emergence of online taxi-booking platforms,such as drip-drip.Uber.fast and so on,a large number of travelers have been captured and the traditional taxi industry has been greatly impacted.Due to the relatively late start of online car booking service in China,the foundation is weak,the corresponding supporting services are not perfect.and the credit and legal norms system is not yet perfect.The gaps in the regulation of the online car market lead to disorder in the actual operation of the online car,hide many legal risks in the process of market operation,and also cause a large number of legal disputes that need to be solved urgently.In July 2016,seven ministries and commissions of the central government promulgated the Interim Measures for the Management of Network Reservation Taxi Operations and Services.which clarified the legal status of Internet Reservation Taxi.The Provisional Measures stipulate in detail the contracted cars in administrative supervision,but the legal positioning of the platform,the legal relationship of all parties and the liability of tort are still unclear,which leads to the unclear rights and obligations of the platform,owners and drivers of the platform,and can not effectively solve various civil disputes arising in practice.Therefore,it is of great practical significance to clarify the legal relationship,legal subject status and tort liability between the network car-appointment platform and all parties,to solve the tort disputes arising in the process of network car-appointment operation,to standardize the network car-appointment market and to promote the orderly operation of urban traffic.This article will take the case as a guide,on the basis of in-depth study and specific analysis of the theoretical divergences on tort liability of online car-booking platform,and combining with and drawing lessons from foreign legislation and advanced systems,thus putting forward the assumption that our online car-booking platform should bear specific civil liability according to its different operation modes and different service types in reality.his article advocates that the online car-booking platform should assume unreal joint and several liability according to its fault degree,pay compensation to the outside world,and recover from the inside.On this basis,it puts forward suggestions to improve the tort liability bearing mechanism of the online car-booking platform in China.This article is divided into four parts:The first part is the introduction.This paper cites a typical case of tort caused by network car-appointment traffic accident.Through the specific analysis of the case,it clarifies the attitude of the court in dealing with network car-appointment tort cases,and analyses the problems existing in the process of network car-appointment operation in China.On this basis,this paper explains the background and significance of tort liability of online car appointment,the research status at home and abroad,the research methods and innovations used to complete the paper writing.The second part is the basic analysis of the tort liability of the online car registration platform.Firstly,it defines the concept,characteristics and classification of online car booking;secondly,it explains the main types of tort of online car booking.The third part is to analyze the theoretical divergence of tort liability of online car-booking platform,which mainly involves three aspects:tort legal relationship of online car-booking platform,the legal status of the subject of tort liability and the principle of tort liability imputation.Through sorting out and summarizing the operation modes of online car-booking in the market,this paper analyses the legal relationship between online car-booking platform and all parties,and draws the conclusion that the legal relationship between online car-booking platform and all parties under different operation modes is complex,the legal status of the subject of tort liability of online car-booking platform is unclear,and the tort liability of online car-booking platform is difficult to be allocated through clear legal relationship.The fourth part is to improve the tort liability mechanism of the online car-booking platform in China.Through improving legislation and strengthening supervision,we can promote the healthy and orderly development of online car booking.