Research On Legal Relationship Identification And Responsibility Distribution Of Takeaway Delivery

With the development and application of Internet technology,conflicts arise between "labor freedom" and "labor safety",leading to many new problems.The Civil Code implemented in 2021 is a breakthrough in the history of Chinese legal history.However,the protection of civil employment relations(such as labor relations)in the Civil Code is still equal protection rather than preferential protection.Only through the provisions of the Civil Code on civil employment relations to adjust the non-labor relations between the riders and the platform corporate responsibility subject is too broad.Based on this,the author analyzes specific employment mode of network catering service platform in the sharing economy,and puts forward some suggestions which can adapt to our current national conditions.It is expected to provide theoretical reference for the protection of flexible labor rights.The first part mainly explains the current labor law’s small scope of application,the civil law adjustment is too one-size-fits all legislation and so on.Through the analysis of the legislative purpose of labor law,the author further raises the question whether the means of adjusting the relationship between employers and workers in the current sharing economy is reasonable.Taking Chinese takeaway delivery riders as an entry point,this paper expounds their employment status and common problems under different employment modes.The second part mainly discusses the determination of the legal relationship between the network catering service platform enterprises in different employment modes.This paper clarifies the legal relationship between enterprises and riders under different modes through the study of subordination.The third part is to analyze the responsibility of the external rider in the traffic accident caused by the rider.Mainly through the legal relationship between the rider and the network catering service platform identified above,the liability of the network catering service platform,the rider and the third party under different modes is distinguished and the disclaimer is expounded.