| There are more and more legal disputes about car-hailing traffic accidents,and judicial decisions are not uniform.The focus of the disputes is on the legal status of car-hailing platforms,the legal relationship between car-hailing drivers and the platform,and car-hailing in traffic accidents.The determination of the platform’s liability for compensation.Regarding the legal status of online car-hailing platforms,there are carriers and intermediaries.Regarding the legal relationship between online car-hailing drivers and the platform,there are mediation theory,labor relationship theory,labor service relationship theory,and cooperative relationship theory.Regarding the determination of the liability of online car-hailing platforms in traffic accidents,three different viewpoints are embodied in the case: supplementary liability,alternative liability,and joint and several liability.The legal subject,legal relationship and civil liability involved in different operating models will also be different.According to the theory of operating interests and dominance control,the legal status of the car-hailing platform,the platform and the driver are determined based on the degree of dominance and control exerted by the car-hailing platform in different operation modes and the operating benefits obtained.The legal relationship of the car-hailing platform is determined by comprehensively considering the nature of the platform and the characteristics of the agreement between the two parties,business model,working hours,service frequency,etc.should become the subject of civil compensation liability.The online car-hailing platform of the ride-hailing and online taxi-hailing modes is the intermediary,and the legal relationship between the online car-hailing platform and the driver is the intermediary relationship.If there is no fault in the online car-hailing traffic accident,it will not bear civil liability for compensation.Due to the particularity of the ride-hailing platform,any failure to fulfill the security obligation will assume supplementary responsibility.In other modes,the online car-hailing platform shall be identified as the carrier.In the private car owner + private vehicle franchise model,the legal relationship between the platform company and the private car owner should be identified as a cooperative relationship,and the car-hailing platform operator should be jointly and severally liable for compensation with the faulty driver in a traffic accident.In the platform/labor company driver + platform/leasing company vehicle,when the platform and the driver have signed a labor contract or conform to the factual labor relationship,the online car-hailing platform company and the driver form a labor relationship,and the online car-hailing platform is responsible for the employer’s main responsibility.When the driver comes from a labor dispatch company,the driver and the car-hailing platform company form a labor relationship,and the car-hailing platform company,as an employer,should bear tort liability for the damage caused by the driver. |
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