China News Service, Changsha, February 24th, title: A woman in Hunan jumps off while renting an online car and who should be held responsible

  Author Wang Haohao Xu Zhixiong

  The 23-year-old girl Che Moumou, a 23-year-old girl in Changsha, Hunan, jumped off her body while she was moving in a rental car, and has caused widespread concern over the past few days.

The driver involved frequently yaws and detours to Quyuan Road. The picture shows the Quyuan Road sign.

Photo by Xu Zhixiong

  The Public Security Branch of the High-tech Zone of the Changsha Public Security Bureau revealed on the 23rd that the driver Zhou Mouchun (male, 38 years old, from Yuelu District, Changsha City), was criminally detained by the public security organs on suspicion of negligence causing death.

  The case is still subject to further investigation by the police, but the topic of car-hailing safety surrounding this incident is continuing to ferment.

The picture shows the section of the incident.

Photo by Xu Zhixiong

Doubt: Why jump off the car?

  A move on February 6th became a "fatal journey" for the young girl in the season.

  The brother of Che Moumou posted on Weibo that at 9pm on February 6, Che Moumou boarded a truck and planned to move from Changsha Tianyimeiting to Meixi Lake Backgammon apartment, and was on the way to move with the car. He was injured by jumping from a car and died on February 10 due to ineffective medical treatment.

  During the short ten-minute moving journey, why Che jumped out of the window has become one of the mysteries of this incident.

  A screenshot of the chat record of the WeChat group at work by Che Moumou's younger brother also showed that Che Moumou shared interesting things with his colleagues in the WeChat group during the move.

  Huolala, founded in 2013, is an Internet logistics mall engaged in intra-city and cross-city freight, corporate logistics services, moving, LTL, car rental and aftermarket services.

  On the evening of February 21, Huo Lala issued an incident statement stating that on February 6, the driver in question immediately contacted the 120 emergency center to send the passenger to the hospital for treatment.

On February 8th, Huolala set up a special team to actively take charge of this matter. He contacted his family on the 9th and met with the family for the first time on the 11th to communicate the aftermath but failed to reach an agreement.

  In an earlier interview with the media, the relatives of Che said that their biggest doubt in the incident was why the driver yaw so many times and drove to a remote route during the 10 km journey.

  The important factor to solve the mystery of jumping car depends on whether there are sufficient relevant audio and video materials in the car.

The announcement issued by Huolala on the 24th admitted that it had obvious problems in this incident, including the lack of safety warning. The platform only learned of the incident from the police on February 8th, and the abnormal incident could not be detected immediately; The safety function is not perfect, and there are key deficiencies in the recording of the itinerary of the order following the car.

  On the 23rd, Zhou Mouchun (male, 38 years old, from Yuelu District, Changsha City), the driver involved, was criminally detained by the public security agency on suspicion of negligence causing death.

"The crime of causing death by negligence is a crime stipulated in Article 233 of China's Criminal Law. It usually refers to the perpetrator's negligence that he did not foresee or had foreseen and believed that he could avoid the death of others and violated the right to life of others. The legal blogger Zhou Zhaocheng posted on his official Weibo that the reason why the public security agency filed a criminal case against the driver involved is because the current difficulty of the case is that there is no audio, video or other evidence to prove the driver involved. In accordance with the principle of benefiting the perpetrator when in doubt, according to the principle of benefiting the perpetrator when in doubt, the driver involved in the case cannot be filed for other crimes.

  Zhou Zhaocheng said that with the in-depth investigation of the public security organs, other cases of the girl’s death may be discovered during the process of handling the case, or the investigation evidence may prove that the driver involved has committed other violations against the girl. It may also be transferred to the procuratorate for prosecution. Other charges will be changed at time.

At 9 o'clock in the evening of February 6, Cha got into a truck and planned to move from Changsha Tianyi Meiting to Meixi Lake Backgammon Apartment.

Photo by Xu Zhixiong

Concern: Who should be responsible?

  After the incident, whether the Huolala platform and the drivers involved should be held accountable, and how they should be held accountable, became the focus of netizens.

  In this regard, Lian Guangyang, deputy secretary-general of the Civil and Commercial Law Research Institute of Hunan Law Society and associate professor of Xiangtan University Law School, said in an interview that the incident is still inconclusive. Whether the driver should be held responsible and how to take responsibility is based on the It is impossible to make a conclusive judgment if there is information.

  Lian Guangyang said that from the civil law, there is a freight contract relationship between Che and the driver. Her behavior as a follower may constitute a part of the freight contract. Therefore, the driver should be responsible for the personal safety of Mrs. Che. The obligation of safety protection shall be regarded as an incidental obligation in this freight contract, and the driver shall be liable for tort compensation if he violates the incidental obligation.

"If the driver has infringements such as behavioral harassment, verbal insults, etc., toward Ms. Che, the family members have the right to demand the driver to bear responsibility in accordance with law.

  Should the Huolala platform be held responsible?

Lian Guangyang stated that if Huolala and the driver are in an employment relationship, from the perspective of infringement, if the staff of the employer causes damage to others due to the performance of their work tasks, the employer shall bear the tort liability; after the employer bears the tort liability, it may Recover compensation from staff who have deliberately or grossly neglied.

If Huolala has an affiliate relationship with the driver, it depends on whether the platform, as the affiliated unit of the vehicle, is profitable from charging driver management fees and other corresponding fees. If there is a profit, then the platform will be used when the vehicle causes damage to others. Obliged to take responsibility.

  "Whether it is from the "Civil Code" contract or tort liability, Huo Lala has to bear the corresponding civil liability. If the driver's fault caused the death of Che Mo, then Huo Lala's qualifications for the truck driver The review is not in place." Lian Guangyang said.

  In an interview with the reporter, Wu Xiao, a lawyer at the Xieli Law Firm, said that based on the facts currently disclosed, the Huolala platform did not set up surveillance audio and video on the vehicle involved when the accident occurred, and the driver involved deviated three times during the driving process. The navigation plan route.

According to the relevant provisions of the E-Commerce Law, Huolala, as an intermediary e-commerce platform, is obliged to ensure that the carrier services provided by the actual carrier it entrusts meet the requirements for the protection of personal and property safety; the e-commerce platform is not sufficiently safe for consumers If the obligation of safeguarding causes harm to consumers, they shall bear corresponding liabilities in accordance with the law.

Specifically, if the driver involved is at fault and there is a causal relationship between the fault and the deceased jumping off the car, Huolala, as an e-commerce platform, shall bear the corresponding liability for tort damage.

Viewpoint: Strengthen itinerary tracking and supervision

  As the incident continues to ferment, the safety issue of online car-hailing has once again become the focus.

According to the "Interim Measures for the Administration of Online Taxi Service Management", online car-hailing platform companies assume the responsibility of the carrier and should ensure operational safety and protect the legitimate rights and interests of passengers.

  "If the passenger has any safety losses, the first thing the passenger has to find is the subject of the carrier's liability, or the subject to be paid, that is, the online car-hailing platform company. Therefore, the online car-hailing platform must ensure the safety of passengers. Put it in the first place.” Lian Guangyang said that as a freight platform with greater social influence, it is recommended that Cargo Lala further increase the protection of car chasers by adding in-vehicle audio and video equipment and other measures.

  Lian Guangyang suggested that online car-hailing platforms should strengthen the review of drivers' driving experience, criminal records, traffic accidents and other backgrounds, and strictly control the standards for drivers to enter the online car-hailing service industry.

If the online car-hailing platform cannot prove that it has taken the necessary technical measures or other necessary measures to ensure the safety of the transaction, the platform may also be liable.

Therefore, although there is no law forcing the installation of audio and video equipment, in order to better avoid platform risks, online car-hailing platforms can take certain safety guarantees and preventive measures to strengthen travel tracking and supervision.

  Wu Xiao further suggested that the local taxi administrative departments should speed up the formulation of specific implementation rules in accordance with the "Interim Measures for the Administration of Online Taxi Reservation Operation and Services", clarify the supervision and verification obligations of online car-hailing platforms, and ensure that there are laws to follow; complete review Procedures, strictly control the qualifications of online car-hailing platforms; for online car-hailing that has not taken legal and reasonable supervision and verification measures, relevant departments should take necessary administrative measures; when users choose online car-hailing platforms, try to choose A platform with a more complete supervision system.

  On the 24th, Huolala issued the latest apology and handling announcement, saying that it will launch the mandatory full-process recording function in the car following order scene to ensure that the situation in the car can be grasped in time in the event of an accident, and to facilitate the police to obtain evidence; expand the deployment of safe on-board equipment, Carry out the full monitoring of the cargo compartment inside and outside the vehicle, and provide safety reminders to the driver's driving behavior, and expand the coverage according to the operation situation; upgrade the safety incident handling process, and set up a special handling team directly led by the CEO to deal with major safety incidents; The city establishes a special police communication channel with the local police. The security team is on standby 7×24 hours to quickly respond to police evidence collection needs; strengthen existing security functions, including itinerary sharing, emergency contacts, follower safety tips, and one-click Alarm, number protection, etc.

  In the announcement, Huolala revealed that under the coordination of relevant departments, the Huolala incident handling team communicated with the family of Ms. Che three times on February 11, February 22, and February 23, and on February 23 Obtain the understanding of the family in the afternoon of the day and will properly handle the aftermath together with the family.

(Finish)