| Under the development trend of Internet technology and sharing economy,the modes of public transportation have been diversified.The online ride-hailing industry has become a popular mode of transportation for young people with its characteristics of high efficiency,convenience and comfort.However,in recent years,with the booming development of online ride-sharing,vicious incidents have occurred frequently,and the ride-hailing environment makes it difficult to guarantee the safety of passengers.In 2016,the Ministry of Transport issued the Interim Measures for the Management of Online Booking Taxi Business Services.This regulation is not suitable for the current online ride-hailing industry.In this regulation,there is no provision on the legal status of online ride-hailing platforms,so the legitimate rights and interests of users cannot be well protected.Therefore,from the perspective of exploring the safety guarantee obligations of online ride-hailing platforms,this thesis analyzes the problems and causes of problems faced by online ride-hailing platforms in fulfilling their obligations,and proposes suggestions for improving the safety guarantee obligations of online ride-hailing platforms.This has greatly promoted the development of the ride-hailing industry.The article is divided into four parts:The first part is the introduction of the basic situation of the security obligation of the ride-hailing platform.It mainly includes the concept and characteristics of online ride-hailing and ride-hailing platforms,the operation mode of the platforms,and the obligations of security guarantee of the platforms.The second part analyzes the problems existing in the fulfillment of safety guarantee obligations of online ride-hailing platforms through judicial cases of safety accident disputes in the online ride-hailing industry in recent years.It mainly includes five aspects.First,The content of platform security guarantee obligation is not detailed.Second,judicial authorities do not uniformly recognize the legal status of platforms.And third,judicial authorities do not uniformly recognize the legal relationship between platforms and various subjects.Fourth,the nature of platform security assurance obligations is unclear.Fifth,platform security assurance obligations are not fulfilled in place.The third part is the reason analysis.First of all,there is a lack of legal system on the content of safety guarantee obligations of ride-hailing platforms.Secondly,judicial organs have different understandings of laws and regulations related to online ride-sharing industry.Thirdly,there are defects in the internal and external supervision of the platform.Finally,online ride-hailing platforms lack a sense of responsibility for security obligations.The fourth part provides legal countermeasures for online ride-hailing platforms to better fulfill their security obligations from the perspectives of legal system,judiciary,internal and external supervision and improvement of relevant supporting measures.First of all,in terms of the legal system,the legal status of security guarantee agents of online ride-sharing platforms and the legal basis for online ride-sharing platforms to fulfill their security guarantee obligations should be clarified.And make clear the specific content of security guarantee obligation.Secondly,the Supreme People’s Court will release relevant judicial interpretations and representative guiding cases.Thirdly,improve the internal and external supervision mechanism of the security guarantee obligation of ride-hailing platform,including improving the external supervision mode and the internal monitoring mechanism of the platform.Finally,supporting measures related to the platform’s safety guarantee obligation should be improved,including strengthening the platform’s safety guarantee responsibility measures,driver education and training,and improving the evaluation and assessment system. |
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