The Responsibility Of The Operator Of The Online Car-hailing Platform In A Traffic Accident

In the era of sharing economy,online car-hailing is an emerging mode of travel,which not only facilitates people’s travel,but also causes many traffic accidents.Because it has joined the main body of online car-hailing platform operators,its traffic accident disputes have become more complicated..The responsibility of operators of online car-hailing platforms is very controversial in the judiciary.In addition,the only legal norms that can be invoked in the case of traffic accidents in online car-hailing platforms in my country are the "Interim Measures for the Administration of Online Taxi Service Management".The relative blankness makes the judicial practice have different views and opinions on this issue,and there has been a judicial chaos of different judgments in the same case.At present,the reasons for the unclear responsibility of platform operators are mainly due to the lack of clear analysis of the legal relationship between the parties involved in the judicial practice,and the unclear identification of the legal status of the operators of the online ride-hailing platform,which will inevitably lead to the liability of the platform operators.Bear the chaos.In addition,academically,there are also different views on the legal relationship between online car-hailing platform operators and drivers,the legal status of online car-hailing platform operators,and the specific forms of responsibility of online car-hailing platform operators.The prerequisite for determining the responsibility is to accurately determine the legal relationship between the subjects.Determining the responsibility of the operator of the online car-hailing platform in a traffic accident needs to be combined with the different operating modes of the current online car-hailing operation market,mainly including the "platform-owned vehicle" model,the "non-patrol taxi operation" model,and the "network franchise" model.Carry out a detailed analysis of the legal relationship between the operator of the online car-hailing platform and the parties involved in the victimization of the rider and the third-party victim,and then clarify the legal status of the operator of the online car-hailing platform,and finally The responsibility of the platform operator is confirmed.In particular,the relationship between the operator of the online car-hailing platform and the driver under the most controversial "online franchise" model should be regarded as an accidental partnership,which helps to clarify the responsibilities of the operator of the online car-hailing platform in the event of a traffic accident.At present,there are misunderstandings in judicial judgments.It is necessary to point out and correct problems in judicial judgments,propose solutions,and comprehensively sort out the responsibilities of platform operators when traffic accidents occur in online car-hailing,and guide judicial practice to have a clearer view of this problem.Cognition.