Research On The Legal Relationship Between Online Car-hailing Drivers And Platform

With the rise of the concept of sharing economy,the new business model of "Internet + traditional industry" has sprung up as the times demand.This is an innovative development model realized after the integration of traditional industry and Internet technology platform.Sharing economy not only promotes the rapid development of economy and employment ratio and makes people’s life more convenient.Online ride-hailing service is one of the products of sharing economy.The ride-hailing platform realizes the optimization of information sharing through Internet technology,breaks through the original travel pattern,systematically matches and selects vacant social vehicles with riders through the ride-hailing platform,and makes the maximum use of social resources.In the first few years of its development,it faced many problems as the lack of laws and regulations.In July2016,the Ministry of Transport 15 th ministerial meetings through the "interim measures for network about car",and began on Nov 1,since the net around the car running,there are laws but net about car drivers and the cognizance of the legal relationship between platform,both in the judicial practice and academic theory is still controversial.The development of the ride-hailing industry has brought serious challenges and problems,mainly reflected in the legal relationship identification between ride-hailing drivers and platforms and the protection of workers’ rights and interests.In view of the fact that there are different types of employment or cooperation modes between online ride-hailing drivers and platforms,different types of employment or cooperation modes will result in different legal relations and rights and obligations.Clarifying the relationship between online ride-hailing drivers and platforms is helpful to solve the employment problem in this industry and put forward corresponding suggestions accordingly.Below following the five aspects.The first part is the preface.In the second part,the author introduces the current situation and employment characteristics of online car Hailing industry,searches 120 court judgment documents through alpha platform,and summarizes different judgment ideas of local courts,It is found that the court finds that the legal relationship between the online car Hailing driver and the platform is controversial,and there are different judgment ideas on the subject and distribution of responsibility in the case of damage caused by the online car Hailing driver to the third party in different legal relationships.It is found that the focus of the dispute is mainly focused on the private car model and the tripartite agreement model in the light asset model.The third part of this paper is the dilemma of the legal relationship between online car Hailing drivers and the platform.Because the traditional identification standard of labor relations is not applicable to the new form of employment,and the dual structure of labor relations and civil legal relations has certain limitations,the one size fits all approach is not conducive to protecting the legitimate rights and interests of workers.In addition,there is no clear definition of labor relations,labor relations,intermediary relations,contracting relations and affiliated relations.The connotation and outer edge of these kinds of legal relations intersect,which leads to great controversy on the identification of the relationship between online taxi drivers and platforms.The fourth part is the principles and related theories of the legal relationship between online car Hailing drivers and the platform.In the foregoing identification of the legal relationship between the online car Hailing driver and the platform asset light mode,various theories have more or less defects,which can not satisfactorily explain the relationship between the two in the asset light mode.Therefore,when judging specific cases,we should adhere to the principle of giving priority to facts and the principle of protecting the rights and interests of vulnerable groups.In view of the fact that the guiding opinions put forward the concept of "not fully consistent with the establishment of labor relations",which lays a foundation for the introduction of "similar labor relations" in future legislation,so as to promote the development of the framework of "labor dichotomy" to "civil relations-similar labor Relations-labor relations".We can learn from the intermediate type subject theory,such as the similar employee theory in Germany and the hierarchical protection theory.In fact,both the intermediate subject theory and the hierarchical theory emphasize the same essence.For the employment relationship with only partial subordination,the labor law should also apply and protect some rights.The labor law should protect workers flexibly and flexibly in combination with different situations.In order to protect the legitimate labor rights and interests of online car Hailing drivers,we can try to add the theory of non-standard labor relations to the legislation,so as to fill the theoretical gap in the employment relations of new employment forms.This paper introduces the background,concept,characteristics and classification of non-standard labor relations theory.The proposal of non-standard labor relations fills the theoretical gap of "employment relations" in the emerging platform employment model.The dual structure of labor relations identification in China has certain limitations.This alternative way is tantamount to damaging the legitimate rights and interests of workers in the new form of employment.Therefore,many scholars have proposed non-standard labor relations to expand the scope of workers.In the fifth part,the author puts forward the solution to the identification of the legal relationship between online car Hailing drivers and the platform.On the one hand,we can learn from the intermediate type subject theory.When we learn from it,we should analyze the specific situation.We must not copy mechanically,take doctrine and blindly learn from it.The purpose of clarifying the relationship between online car Hailing drivers and the platform is also to better clarify the rights and obligations of both parties and protect the legitimate rights and interests of online car Hailing drivers in vulnerable groups.This principle is also reflected in the guiding opinions.In order to protect the legitimate labor rights and interests of online car Hailing drivers,we can try to add the theory of non-standard labor relations to the legislation,so as to fill the theoretical gap in the employment relations of new employment forms.This paper introduces the background,concept,characteristics and classification of non-standard labor relations theory.The proposal of non-standard labor relations fills the theoretical gap of "employment relations" in the emerging platform employment model.The dual structure of labor relations identification in China has certain limitations.This alternative way is tantamount to damaging the legitimate rights and interests of workers in the new form of employment.Therefore,many scholars have proposed non-standard labor relations to expand the scope of workers.Finally,the legal relationship between online car Hailing drivers and the platform needs to be analyzed in different situations.In the asset heavy mode,it should be recognized that the two constitute labor relations,while in the asset light mode,private car mode and tripartite agreement mode can be recognized as non-standard labor relations,and in the four party agreement mode,it can be recognized as labor dispatch relations.