| On July 27,2016,the Ministry of transport passed the Interim Measures for the management of online booking taxi business services(hereinafter referred to as the Interim Measures),which legalized online booking taxi business services for the first time.On December 28,2019,the Ministry of transport made a decision to amend the interim measures.However,Article 28 of the Interim Measures stipulates that the online car Hailing platform shall not provide online car Hailing service in the name of private passenger car sharing.Therefore,the online car Hailing platform is different from the online car Hailing service specified in the interim measures.The online car Hailing platform is not the carrier of the online car Hailing service In terms of service safety,Article 38 of the Interim Measures authorizes the supervision of private passenger car sharing to be carried out by the city people’s Government in accordance with the relevant provisions.There is no complete and clear provisions on the subject of liability and the distribution of liability for frequent online hire car infringement disputes in judicial practice,resulting in online hire car infringement disputes Relief difficulties,whether the platform company should bear civil liability in online car Hailing disputes when operating free riding services and how to bear the liability.In view of the infringement liability of free riding online,this paper studies the relevant legal norms of online car Hailing platform,analyzes its legal status and the corresponding civil liability.Through comparative analysis,case analysis,and combined with the business characteristics of online car Hailing platform,this paper explains the security obligation and tort liability of the platform company.In the online booking free ride service,the online booking free ride platform compares the platform to the manager of public places and the organizer of activities,and undertakes the security obligation to the participants of online booking free ride;the driver is the carrier,and the driver establishes a passenger transport contract with the car Hailing person to fulfill the carrier’s obligations.This paper is divided into three parts:The first part mainly analyzes the current judicial disputes of the online car Hailing platform in the free riding business service,including the legal status dispute and tort liability of the online car Hailing platform,and points out the urgency and necessity of studying the legal status and tort liability of the online car Hailing platform in the free riding business.The second part is about the security obligation of the free riding service of the online car Hailing platform.This part will focus on the analysis of the types of infringement in the free riding service of online car Hailing platform and the security obligations of the organizer,and finally determine the security obligations of online car Hailing platform.The third part is the applicable rules and scope of online car Hailing platform’s tort liability.This part focuses on the analysis of the imputation principle of online car Hailing platform,the main content and scope of tort liability.This paper holds that the online car Hailing platform should undertake the security obligations of organizers according to Article 1198 of the civil code.If the online car Hailing platform fails to fulfill the security obligation during the operation of the windmill business,the general fault liability principle should be applied.If it causes damage to others,it should bear the tort liability.If the third party’s behavior other than the driver causes damage to the car Hailing party due to non driving behavior,the infringing third party shall bear the responsibility.If the online car Hailing platform fails to fulfill the security obligation in this service,it shall bear the supplementary responsibility.After the online car Hailing platform bears the supplementary responsibility,it can recover from the third party. |
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