| Online Ride-hailing refers to a new travel mode in which the driver with travel demand forms the intention of CO riding through the network platform and the passengers close to the route,and both parties share the travel cost together.In recent years,the news media continue to break out the vicious security incidents such as robbery,rape,killing,etc.when traveling Online Ride-hailing,the personal safety of passengers has potential safety hazards.The Interim Measures for the management of the operation and service of the online taxi booking system clarifies the legal status and responsibilities of Online Ride-hailing Platform to protect the legitimate rights and interests of passengers and online taxi drivers.However,in the supplementary provisions,it is different from the online taxi,which is defined as "private joint passenger car" and managed by the rules of each city.This regulation aggravates the responsibility of drivers and passengers,and deviates from the actual situation of the windmill business.The vague laws and unreasonable policies make it difficult to determine the legal status of the Online Ride-hailing platform of the network contract,and the basic safety rights and interests of passengers are difficult to be guaranteed,which also brings difficulties to the judicial application.In addition to the introduction and conclusion,the text is divided into three parts:The first chapter,"the business model and the legal positioning of the platform".Ride-hailing are mainly used for commuting to work or traveling on holidays.The premise for drivers to engage in the business of Ride-hailing is that they have their own travel needs and share part of the travel costs without delay on the way.Compared with traditional taxi companies,Online Ride-hailing platform is different in the depth of business participation,vehicle ownership and liability for damages.In terms of the degree of control of transactions,the way of profit-making and the credible interests of consumers,there are differences between online shopping and online shopping platforms.Different from the middlemen,the Online Ride-hailing platform has deep participation and strong control over the car Hailing business,for example,it has access rights and pricing rights for the car Hailing business.There is no subordination of organization and economy between the platform and the driver,and the two do not constitute labor relations.It is more suitable for the driver of Ride-hailing to take the passenger without detour.The Online Ride-hailing Platform is open to non-specific users and belongs to the manager of the virtual public place.The second chapter," The legitimacy and basic structure of the security obligation of Online Ride-hailing Platform ".The Online Ride-hailing platform of network agreement breaks the strangeness between passengers and owners,promotes both sides to reach the willingness of CO riding,and opens the dangerous source of windmill operation.At the same time,the network about Online Ride-hailing platform draws a certain proportion of service fees from Online Ride-hailing business orders,expands the scale of platform users,and directly or indirectly obtains profits.In addition,it controls the operation process of the downwind business,knows the possible illegal behaviors in the process of CO riding,and can accurately foresee the danger and take necessary measures in time.It can be judged by legal standards,reasonable standards and consumer trustworthy standards whether Online Ride-hailing Platform of the network agreement fulfills its security obligations.Specifically,the security obligations of Online Ride-hailing Platform include information security obligations,review and processing obligations,warning obligations and timely rescue obligations.The third chapter,"responsibility identification of Online Ride-hailing Platform in violation of security obligations".In the downwind business,the platform controls the operation process of the downwind business.In addition to the virtual nature of the Internet,passengers are in a weak position of information asymmetry,so it is difficult to prove that the platform has faults.Online Ride-hailing Platform of CNCA holds the information required by the case,and the burden of proof will not lead to its heavy obligation.On the contrary,it can help build a good and reliable corporate image.The tort liability of Online Ride-hailing Platform for the passengers’ failure to fulfill the safety guarantee obligation is mainly composed of four aspects: the violation of the obligation to protect the safety of the passengers,the existence of the damage facts of the passengers,the causal relationship between the two and the existence of fault.The fourth chapter,"the responsibility of Online Ride-hailing Platform in violation of the security obligations".According to the number of infringers involved,there are two types of tort liability: single tort and majority tort.If the omission of Online Ride-hailing Platform to protect the personal safety of passengers is a separate infringement,the platform shall be liable for the passenger damage in the process of passenger pooling.There is no employment relationship between Online Ride-hailing Platform and the driver,so the infringement involving the driver is not a separate infringement,but a majority infringement.At this time,Online Ride-hailing Platform of the network contract shall bear the supplementary responsibility for the passenger damage in the process of passenger pooling.It can be discussed separately according to the subjective mentality of Ride-hailing driver.If Ride-hailing driver intentionally injures the passengers,Online Ride-hailing Platform of the network agreement has the right of recourse for all the compensation responsibilities it undertakes;if Ride-hailing driver negligently infringes the rights,Online Ride-hailing Platform of the network agreement does not have the right of recourse for the part of the compensation responsibilities it has with its own mistakes.The innovation of this paper is mainly reflected in the following aspects: the systematic research on the safety guarantee obligation of Online Ride-hailing Platform of the network agreement to the passengers,in order to solve the problem that the tort liability of Online Ride-hailing Platform of the network agreement is unclear in theory and practice,and the safety of the passengers is difficult to be guaranteed,and to put forward suggestions for the development of the sharing economy of our country.The inadequacies of this paper: because the author’s theoretical knowledge is relatively weak and the reading range is limited,the problems studied are not further in-depth.Only limited to the provisions of Article 38 of the e-commerce law,Online Ride-hailing Platform as the operator of the e-commerce platform,the driver of Ride-hailing as the operator of the platform,and the passenger as the consumer shall bear the tort liability of Online Ride-hailing Platform for the direct infringer of Ride-hailing driver.It can’t be extended to other situations such as the safety guarantee obligation of the platform for Ride-hailing driver and the third party involved when the passenger is the direct infringer,which needs to be further studied and improved in the future. |
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