Research On Crowdsourcing Rider’s Occupational Injury Protection

Crowdsourcing is the wired magazine reporter JeffHowe in 2006 for the first time put forward a business model,is now gradually become one of the common way of socialization of outsourcing services.With the help of Internet technology,many crowdsourcing delivery platforms have emerged in order to obtain idle transportation capacity in the society and fully save labor costs.In order to reduce the order pressure during peak hours,delivery platform enterprises such as Meituan Waimai and Ele.me have launched crowdsourcing mode one after another,providing part of the order delivery tasks to part-time delivery riders during peak hours.The concept of "crowdsourcing riders" came into being.Food delivery business has shown great resilience and potential to tap social demand,and has played a significant role in enriching employment forms and promoting employment.However,with the rapid development of platform enterprises,it also brings new challenges to the substantive justice of occupational injury protection for crowdsourcing riders.Problems such as fuzzy labor relationship between crowdsourcing riders and platform enterprises,trapped by algorithms in the process of work,high risk of occupational injury,narrow space for skill improvement and career development,strong substitutability,and lack of occupational injury insurance need to be solved urgently.This paper closely follows the pulse of the era of crowdsourcing economic development,focuses on the vulnerable groups of crowdsourcing riders,balances the freedom and safety factors of the labor market under the framework of the existing social insurance system,and tries to study the multiple governance approaches of occupational injury protection of this group from the complicated and diversified labor relations,so as to provide beneficial theoretical and practical thinking for the improvement of industrial injury insurance system in China.The main part of this paper is divided into four chapters:The first chapter is an overview of the theories related to occupational injury protection of crowdsourcing riders.Starting from the definition of crowd-sourcing,crowd-sourcing riders,crowd-sourcing mode and occupational injury related concepts,this chapter analyzes the characteristics of high occupational injury risk and low occupational injury protection of such groups.Through the theory of human rights protection,social equity theory,risk sharing theory and other theories,the necessity of occupational injury protection is analyzed.The second chapter is the research on the status quo and dilemma of occupational injury protection of crowdsourcing riders.This chapter,from three dimensions of the basic status quo,system status quo and judicial status quo,puts forward the current theoretical and practical difficulties faced by the subject of crowdsourcing rider occupational injury protection.At the theoretical level,the difficulties are that the crowdsourcing model shakes the traditional identification standards of labor relations,the crowdsourcing model of protecting the rights and interests of riders is difficult to confirm,and the subject scope of industrial injury insurance is narrow.The practical dilemma includes the lack of occupational injury protection for crowdsourcing riders due to the different logics of platform enterprises,crowdsourcing riders,government and judicial authorities.The third chapter is a reference study on the system experience of professional injury protection of overseas crowdsourcing riders.This chapter analyzes the system experience of various countries based on the logical thinking of the path of occupational injury protection: identification of labor relations,and refers to the concept of identification of labor relations and the mode of occupational injury protection suitable for Chinese legal tradition and environment,so as to improve the system of occupational injury protection for crowdsourcing riders in China.The fourth chapter is the research on the improvement of the occupational injury protection system of crowdsourcing riders.Based on the analysis of the current situation and predicament in Chapter 2 and the reference of relevant system experiences outside of the third chapter,this chapter puts forward suggestions on the improvement of the crowdsourcing rider occupational injury protection system from three dimensions of construction concept,basic principle and construction path.In terms of the construction concept,the theory of ternary protection of labor is embedded,the barrier of dual protection mode is broken,and the scope of the subject of industrial injury protection is expanded.In terms of basic principles,we should establish the principle of classified protection,step by step and double protection.In terms of the construction path,multi-subject collaborative governance,short-term goal can refer to the "Industrial Injury Insurance Regulations",the construction of crowdsourcing equestrians occupational injury insurance system parallel to the "employee" industrial injury insurance system,long-term goal is to expand the scope of industrial injury insurance subject,after the system is mature into the industrial injury insurance system.At present,we can choose the mode of combining single industrial injury insurance and commercial supplementary insurance,and formulate specific system contents from the aspects of payment subject,payment base and rate,identification of industrial injury,prevention of industrial injury,etc.