The online ride-hailing service is a typical representative of the new format of the sharing economy platform.The owner of the ride-hailing and ride-share passengers form a ride relationship using the platform as a medium.As a new mode of travel,it reduces the pressure on urban traffic and effectively mobilizes idle resources in society.The legal status of online ride-hailing cars has also been recognized after the emergence of online ride-hailing cars.The existing legal regulations on online ride-hailing cars include the administrative regulations issued by the General Office of the State Council "Guiding Opinions for Deepening Reform and Promoting the Healthy Development of the Taxi Industry" the Ministry of Transport and other seven ministries and commissions jointly issued the "Interim Measures for the Administration of Online Taxi Service Management" and normative legal documents for local government decentralized legislation.However,the existing laws and regulations have not kept pace with the development of the platform economy,and the system of sharing rights,obligations and responsibilities is not yet complete.As a result,the division of responsibilities of various entities,especially the platform of the Internet,has become a major and difficult issue in practice after the occurrence of Internet-based ride-hailing disputes.This article firstly starts from the concept and characteristics of the online ride-hailing and its platform,and introduces the theoretical basis of the online ride-hailing from three aspects:sharing economy theory,social governance theory and market regulation theory;secondly,it clarifies the legal relationship between the platform and the driver,the platform and the passenger,and the driver and the passenger,and a brief overview of the current status of the legal regulation of online ride-hailing in and outside the territory;again,this article introduces in detail the problems existing in the legal regulation of online ride-hailing from five aspects:the current situation of the governance of the online ride-hailing under the condition of decentralized legislation,Identifying the online ride-hailing rider as an illegal operation,the unclear judicial certification standards have led to difficulties in determining platform responsibility,some platform security obligations are still not fulfilled,and it is difficult to enhance the self-protection awareness of ride-hailing riders;finally,in response to the above-mentioned problems,this article proposes five aspects of the legal regulation path of online ride-hailing:legislation,enforcement,legal regulation,industry regulation,and guidance for the protection of rights of ride-hailing passengers. |