Research On The Civil Liability In The Traffic Accident Of Internet Designated Drive Service

In recent years,with the emergence of the "Internet + travel" model,internet designated drive service has become an emerging service industry with extremely high usage.Correspondingly,traffic accidents related to internet designated drive service have also increased year by year.Due to the lag of the law and combined with the complicated legal relationship of online appointment driving,when a traffic accident occurs,there have been disputes to varying degrees in determining the civil liability of all parties.It can be found that in my country’s current judicial practice,there has not yet been a unified view on how to characterize the legal relationship between the parties in a traffic accident on behalf of driving on behalf of the Internet and how to allocate civil responsibilities among the parties.In order to clarify the problem,it is necessary to analyze the problem from the specific operating conditions of the current online appointment driving.The first step starts with the basic concept of online appointment driving,and introduces two different operating models of online appointment platform companies in the current online appointment driving industry,namely,the unified business model of online appointment platform companies,and online appointment platform companies and labor service companies.Joint business model,and expounds the civil capacity and actual operation mode of the three parties in the legal relationship of online appointment driving.On this basis,by combining the above specific conditions with different academic and jurisprudential viewpoints,it clarified the relationship between the online hired driver and the person being hired,and the internal online hired driver under two different operating modes The legal relationship between the subjects.On the basis of the specific legal relationship between the parties involved in a traffic accident on behalf of the driver,we will further study the issues of how to allocate the liability for breach of contract and tort between the parties,and how to deal with the conflict of liabilities.Regarding the distribution of infringement liability,it clarified the infringement liability and the principle of liability between the online hired driver and the person being hired under two different operating modes,and between the parties within the online hired driver In different models,the driver,online appointment platform company,labor service company and driver of the driver shall bear the tort liability under various circumstances.On the issue of the assignment of liability for breach of contract,the principle of strict liability is clearly defined as the principle of liability for breach of contract in the online appointment driving,and it is concluded that there are two different operating modes between the online appointment driving party and the person being driven.The responsibility for breach of contract shall be borne by the various entities among the internal parties of the online contract agent in various breaches of contract.At the same time,in accordance with the latest provisions of Article 996 of my country’s Civil Code on compensation for mental damages for breach of contract,it is clear that each subject shall be liable for compensation for mental damages of breach of contract under various conditions of mental damage.When there is a conflict of liability,this article analyzes by combining the basic theories of liability for breach of contract and tort liability with the characteristics of online appointment driving.It is proposed that when a conflict of liability occurs,the agreement between the parties can take precedence.When there is a conflict of responsibilities,if the agreement is made or the agreement is unclear,the victim can make the right to claim liability for breach of contract as the first order right.