The Determination of Legal Liability in the Infringement of Online Ride-Hailing Service
DOI:
https://doi.org/10.54097/ehss.v11i.7513Keywords:
online dating, infringement, determination of primary liability.Abstract
In recent years, with the gradual rise of "Internet +", the sharing economy based on the Internet is flourishing and the online ride-hailing service is a typical and representative product under this background. Online ride-hailing services are apps that connect passengers and local drivers using their personal vehicles. There are numerous companies in China performing online ride-hailing platforms, and the main examples are Didi, Caocao, T3, Shouyue and Meituan. A mature industry though it is, there are still some controversies about the responsibility of traffic accidents involving hailed cars. As an intermediary providing ride-hailing service, whether and how the ride-hailing platform should be held responsible in traffic accidents involving the hailed cars is of great concern. In this paper, the authors divide the various forms of online ride-hailing services into different cases based on the relationship between drivers, passengers and platforms. Based on this classification, the authors discuss the legal responsibility in the tort of online ride-hailing services.
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References
Cheng Xiao. Tort Liability Law (2nd Edition). Beijing: Law Press of China, 2015.
Wang Liming. Research on the Principle of Imputation of Tort Law (Revised Second Edition), Beijing: China University of Political Science and Law Press, 2004.
Wang Liming. Research on Tort Liability Law (Volume II), Beijing: People's University of China Press, 2011.
Yang Lixin. The Proposed Draft of the Tort Liability Law of the People's Republic of China and Its Explanation. Beijing: Law Press of China, 2015.
Liu Wenjie. The safety guarantee obligation of network service providers. Chinese and Foreign Law, No. 2, 2017.
Yang Lixin. The legal basis of liability of online trading platform providers for consumer damages. Jurisprudence, No. 1, 2016.
Li Ling. The Application of Safety Guarantee Obligation in Cyberspace - Taking the Ride Hailing Platform as an Example. Master's thesis, Suzhou University, 2017.
Jiang Daxing, Wang Shoujie. Legal regulation of sharing economy. China Social Science, No. 9, 2017.
Zhang Xinbao. The safety guarantee obligation and tort liability of the hitchhiking platform. Research on Network Information Law, No. 2, 2018.
Si Chunlei. Research on the legal issues of tort liability of ride hailing. Master's thesis, Shanghai Academy of Social Sciences, 2017.
Su Jie. The determination of labor relations between ride hailing platforms and ride hailing drivers under China's C2C business model. Zhi Gong Fa Lv Tian Di, No. 12, 2018.
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