论网约车平台的侵权责任

Research on the Tort Liability of the Online Car-hailing Service Platform

网约车本身的特殊性增加了肇事责任认定、责任分担上的困难。在网约车交通肇事的侵权关系中,可能有司机、乘客、网约车平台、第三人等四方主体,按照运行支配与运行利益相结合的"二元"道路交通事故赔偿理论,网约车平台和网约车司机都是交通事故损害赔偿的主体,至于二者承担的责任比例,既决于运行支配和运行利益的分析,还要考虑网约车司机与网约车平台的法律关系。实际运营中,这种法律关系包括自有车辆直接雇佣、租赁车代驾以及社会车辆加盟等三种模式,对这三种模式进行区分,同时对责任期间进行界定,是解决这中复杂难题的出路。

Traffic accidents caused by online car-hailing are much more complicated than other accidentsin responsibility identification and the issue of sharing responsibility.In the traffic accidents caused by online carhailing service,there may be four parties involved,such as driver,passenger,platform and pedestrian.According to the ＂the dualistic theory＂in the liability subject,the driver and the platform should take the liability for damages,because both of them can control the operation of a motor vehicle and gain advantages from it.As for the responsible portion for the driver and the platform,we need to consider the legal relationship between the two parties.In fact,there are three legal modes about online car-hailing service.Firstly,the platform provides cars and employs drivers.Secondly,the platform cooperates with auto leasing company and labor service dispatching company.The driver is dispatched by labor service dispatching company and the car is from auto leasing company.The platform is the information intermediary between customer and the car and the driver.Thirdly,the final mode is called ride sharing owners of automobiles login the platform and accepts requests to provide transport service.Telling the differences among the modes and defining period of liability of the platform is the way to solve the problem