Research On The Tort Liability Of The Platform In Cases Of Damage Caused By Online Car-hailin

The development of Internet algorithms and the wide application of mobile payment technology have laid the foundation for the development of online car-hailing platforms.Compared with traditional cruise taxis,online car-hailing platforms can integrate information through big data,make full use of idle social resources,and effectively match the needs of drivers and passengers.While the platform has brought convenience to people,it has also resulted in the vague identification of the relationship between the platform and the driver,and the unclear positioning of the platform,resulting in unclear division of the tort liability of the car-hailing platform in judicial practice,and confusion in the identification of the platform’s tort liability.In view of this,this paper focuses on the tort liability of platforms in the damage caused by online car-hailing services,and divides the paper into four chapters.The first chapter discusses the operating model of the platform and the main circumstances under which it assumes tort liability.The platform assumes tort liability mainly based on the specific legal relationship between the platform and the driver or the platform constitutes an indirect infringement.And according to the actual operation mode,the platform can be divided into two types: heavy assets and light assets.The second chapter concludes that the main dispute focus of platform-type infringement cases is the identification of the legal relationship between the driver and the platform and the identification of the platform’s tort liability,based on the review of the actual infringement cases.The legal relationship in the relevant tort cases has various viewpoints such as intermediary,labor,labor service,partnership,etc.,and the responsibilities between the driver and the platform are unclear.The third chapter demonstrates the legitimacy of the platform’s tort liability,from two aspects: legal basis and legal relationship.The platform has the ability to control danger and enjoy operating benefits.According to the considerations of operational control and operational interests,the platform is a party to motor vehicles stipulated in my country’s laws.In some operating models with low level of involvement,although the platform does not belong to the motor vehicle side,the platform has corresponding safety guarantee obligations,and the platform has the legal basis for tort liability.In addition,there are various legal relationships between the platform and the driver under different operating modes,such as intermediary,labor,factual labor,and cooperation.The fourth chapter analyzes the form of tort liability that the platform should bear.Adhering to the principle of protecting consumers and respecting the platform’s moderate autonomy,in the online car-hailing and taxi mode,the platform assumes the responsibility according to the principle of fault;in the ride-hailing mode,the platform needs to assume supplementary or joint liability when it violates its security obligations;Under the express mode,the platform responsibility takes various forms.The research on tort liability of the online car-hailing platform is conducive to maintaining the order of the online car-hailing industry and has a positive effect on protecting the rights and interests of the infringed.It is also of great significance to ensure the sound development of the car-hailing industry and even the sharing economy and maintain the order of the industry.