Research On The Liability Sharing Mechanism For Damage Caused By Online Delivery Personne

In the dispute case of damage caused by the online delivery personnel,the responsibility sharing is faced with problems such as the unclear definition of legal relationship,the unclear determination of the subject of responsibility and the difficulty in unifying the way of judgment thinking.The solution of such problems is mainly related to the legal relationship between online delivery personnel,delivery platforms and third-party(outsourcing or crowdsourcing)service companies,and the definition of legal relationship is usually closely related to the employment mode of the delivery platform.Moreover,because the typical employment mode of the delivery platform can be subdivided into three legal structures:traditional,special delivery and crowdsourcing mode,based on this,the corresponding responsibility sharing among the three parties can be developed.First,the traditional mode,in the platform since the employment type,for take-out platform and self-employed rider is established labor contract relationship,so as long as can prove that the hired rider delivery activities of take-out platform task,delivery platform as a unit of choose and employ persons shall be the tort damage to the rider labor replacement liability.Similarly,in the type of labor dispatch on the platform,when the food delivery behavior causes damage to others,the delivery platform and the labor dispatching unit shall bear the corresponding responsibility according to the degree of fault,that is,the delivery platform shall bear the alternative responsibility according to their respective fault degree.Secondly,under the special delivery mode,given the establishment of the labor relationship between the outsourcing company and the online delivery staff due to the judgment criteria of labor attribute,the outsourcing company should assume the responsibility of labor substitution.Responsibility of the delivery platform is different,mainly depending on whether the contract relationship with the outsourcing company or the joint management relationship.For the former,the takeout platform shall bear the responsibility of the ordering person;on the contrary,for the latter,the responsibility of the delivery platform should be judged according to the degree of its participation in labor management.Specifically,the platform and the outsourcing company can share the employment responsibility and the platform shall assume the supplementary responsibility.Thirdly,under the crowdsourcing mode,because the online deliverer have a high degree of labor autonomy and no longer show the characteristics of labor subordination,there are mainly two forms of labor relationship and contracting relationship between the parties.In the labor relationship mode,when the delivery platform adopts the direct employment mode,the responsibility of employment replacement shall be borne by the delivery platform,and when the public package service company adopts the indirect employment mode,the employment replacement shall be undertaken by the crowdsourcing service company.Under the contract relationship mode,the principle of the online delivery staff should bear the tort liability.Only with exceptions,the takeout platform or the crowdsourcing service company,as the ordering party,should bear the corresponding ordering party liability according to their respective degree of fault.