Legal Application of Ride-Hailing Platform Infringement under the Perspective of the Civil Code
ZHANG Su Hua, SUN Chang
(Law school of Wuhan university, Wuhan 430072, China)
The failure to include a specific articles in the Civil Code for ride-hailing platform infringement has resulted in shortcomings. However, the problem of infringement of the ride-hailing platform has not disappeared, but in judicial practice, created the situation of unequal treatment in the similar case. This not only undermines the certainty and predictability of the law, but also runs counter to the spirit of justice and equality of law. In the absence of the articles of the ride-hailing platform, the decision on the type of infringement of the ride-hailing platform shall be based on the weighing of interests and the combined application of articles 967 and 973 of the draft Civil Code. Its adjudication path should be a two-step judgment method: the first step, to determine whether the ride-hailing platform and driver constitute a substantive employment relationship, and if so, the responsibility of the employer liability; the second step, if the ride-hailing platform and the driver does not constitute an employment relationship, then the responsibility for breach of security obligations should apply. Based on the distinction between virtual space and physical space, there should be a certain specificity to the security obligations undertaken by the ride-hailing platform. Safety standards and safety commitments should be used as the basis for determining the breach of obligations.
Key Words: Ride-Hailing Platform; Tort liability; Fault; Judgment path; Legal Application