网约车平台法律性质的定性研究

Qualitative research on the legal nature of the platform for car network

自网约车问世以来,有关网约车平台地位的法律定性争议就从未停止过。目前,市场上的网约车存在着三种运营模式,即专职型网约车、共享型网约车和公益型顺风车三种模式,在不同的模式下网约车平台的法律性质也不尽相同。在网约车运营过程中,网约车平台的法律性质是定性是最基础也是最核心的问题。弄清网约车平台的法律性质是梳理平台、司机、乘客三方法律关系的基础,也是解决现实中出现的一系列关于网约车的争议的关键钥匙。本文将探究网约车的平台的法律地位,注重从理论和外国司法实践两方面探讨,力求揭开笼罩在网约车平台上的这层面纱。

Since the network about the car came out, the legal dispute about network qualitative car platform position has never stopped. At present, the market on the net about the car there are three operating modes, namely full-time network about cars, car sharing network and public ride about three models, the legal nature of the different models net about vehicle platforms are not the same. In the network about the car in the process of operation, the legal nature of network about car platform is qualitative is the most basic and core problem. The legal nature of the network is clear about the car platform combing platform, drivers, passengers based three party legal relationship, also is a key to solve a series of network controversy about the car appeared in the reality. This article will explore the legal status of network about the car platform, focus on the discussion from the two aspects of theory and judicial practices of foreign countries, trying to uncover the veil in the network about the car platform.