On The Subject Of Tort Liability For Traffic Accidents Caused By Online Delivery Driver

As one of the many platform economies spawned by the development of the Internet,takeaway catering distribution has provided a large number of flexible jobs for the market.At the beginning of 2020,as an emerging position,the online appointment delivery staff was officially included in the "People’s Republic of China Occupational Classification Ceremony",and its status was officially recognized.The development of the industry is becoming more and more mature,and some new social problems also follow.Due to the blind pursuit of speed and efficiency by the distribution platform,there have been frequent incidents of personal and property damage to a third personcaused by the online delivery staff during the delivery process.Cases in the past three years have shown that due to the complexity of the new employment form,the legal relationship between the online courier and the relevant subject has been controversial in judicial practice,and the subject of responsibility after the accident has been identified as Disputes were raised,which led to the prominent problem of different judgments in the same case in judicial practice.Therefore,it is necessary to clarify the legal relationship and determine the subject of responsibility,so as to better protect the infringed and promote the healthy development of the food delivery industry.This paper firstly sorts out the judgment documents of the cases in the past three years,sorts out the relevant data,and extracts the most important three types of disputes,which are the legal relationship between the courier and what kind of subject,and who is responsible after the tort accident occurs.The subject and what kind of employer responsibility should be applied.Secondly,the operation mode of the platform economy is introduced,and the analysis framework is determined for the analysis of subsequent problems.In view of the legal relationship,after analyzing the views in theory and judicial practice,this paper believes that by comprehensively considering the status of the platform in the overall delivery process,the flexibility and autonomy of the delivery staff,their subordination to relevant subjects,and the influence they receive The degree of substantive management control should be deemed appropriate for non-standard labor relations.Regarding the subject of liability,this paper believes that liability should be determined by following three criteria:the source of the business that the user is engaged in,the source of the user’s profit,and the source of the user’s appointment and supervision.The main body,that is,the platform bears the responsibility of the employer,and the third-party company and the platform jointly bear the responsibility of the employer.Regarding the application of laws and regulations,before the implementation of the Civil Code,there was no clear distinction between the scope of application of the employer and the relevant legal relationship in the liability of the employer,and the provisions on the right of recourse were also inconsistent,resulting in the appearance of the "People’s Republic of China Tort Law" in the judgment.Liability Law and Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases(2003),the confusion in the application of the two laws,while the scope of application,legal relationship and the right of recourse to the employer’s liability in the Civil Code The issues were clarified,making the basis for the decision clearer.