Third Party Damage Caused By Delivery Personnel Research On Responsibility Assumption

In recent years,delivery personnel have brought great convenience to people’s lives.At the same time,in order to complete the task of receiving and delivering orders in a short period of time,they often engage in behaviors such as running red lights and going backwards,resulting in traffic accidents and causing damage to third parties.After the damage occurred,there is a dispute over whether the responsible party is a delivery person or an external platform.In any case,as long as the key factors identified in the facts are the same,the verdict should be the same.However,in cases where delivery personnel cause damage to third parties in different regions,while the business model and type of infringement are basically the same,the results of assuming responsibility are vastly different.This not only leads to the inability of the judgment results to provide clear and clear guidance for the behavior of the perpetrator,but also puts the protection of the rights and interests of the victim in an unstable state.Different judgments in the same case have weakened the stability and predictability of the law,and are also contrary to judicial fairness and impartiality.In order to protect the legitimate rights and interests of third parties,balance the interests of all parties,and achieve fairness and justice,it is necessary to define the legal relationship between delivery personnel and delivery platforms.However,there are significant controversies in both academia and judicial practice,mainly including labor relations,contracting relationships,and employment relationships.Although it can be determined based on these views that the responsible party is the delivery platform,there are certain issues.If the delivery personnel are regarded as non real employees of the delivery platform,the two constitute a risk community,and the theoretical basis transitions from control theory to danger theory,then the problem of the delivery platform being the responsible subject can be solved.From this perspective,the legal status of the delivery personnel is similar to that of similar employees in Germany.In terms of the constituent elements of class employees,meal delivery activities are a business activity with obvious personal attributes.At the same time,although delivery personnel are not truly market participants,the compensation they receive through the delivery platform has the right to survival attribute,which constitutes the economic subordinate attribute of the delivery platform,which is consistent with the constituent elements of class employees.There is no doubt that the third party claimed that the delivery person was the infringer after being damaged.However,when the damage occurs,the delivery personnel usually wear platform clothing and are equipped with other unified signs on the delivery platform.Therefore,third parties do not consider the delivery behavior as purely personal behavior,but rather consider it to be a task of the delivery platform,and advocate that the delivery platform bear responsibility.The court ruled that the delivery platform should bear compensation responsibility based on the appearance of the delivery personnel’s behavior.The delivery platform has strong economic strength and can fully compensate for the losses of victims.At the same time,it can enhance the enthusiasm of the delivery platform for supervision and management,which is conducive to the maintenance of public interests.After the delivery platform assumes external responsibility,if the delivery personnel are performing their duties intentionally or negligently,they can seek compensation from the delivery personnel.However,in situations where the delivery personnel cause damage to third parties,the delivery platform dominates and obtains the maximum benefit from it.According to the principle of unity of rights,responsibilities,and interests,it should bear some responsibility to protect the legitimate rights and interests of the delivery personnel.Therefore,the proportion of compensation should be limited,and the delivery platform cannot fully recover from the delivery personnel.