[Explanation] The death of a woman who jumped from a car while renting a cargo in Changsha, dragging an online ride-hailing car, has aroused widespread public concern over the past few days.
On February 23, the 38-year-old male driver Zhou Mouchun involved was criminally detained by the public security organs on suspicion of negligence causing death. The case is under further investigation.
It is reported that on the evening of February 6th, a 23-year-old woman, XX, jumped out of the window in the passenger seat while moving in a cargo van, but passed away after being rescued.
Afterwards, family members questioned why the van diverged from the planned route of the platform many times during the journey of less than 10 kilometers, and there was no relevant safety monitoring equipment on the car.
On the evening of February 21, Huolala issued a statement saying that he expressed sorrow and regret for this incident.
The truth of the incident and the responsibility of the Huolala platform have become the focus of attention.
Lian Guangyang, deputy secretary-general of the Civil and Commercial Law Research Association of Hunan Law Society and associate professor of Xiangtan University Law School, believes that the truth of the incident and the responsibilities of the driver involved remain to be further investigated by the police.
However, Huolala, as an online ride-hailing platform, has to bear corresponding civil liabilities whether it is from the "Civil Code" contract or tort liability.
[Concurrent] Lian Guangyang, Deputy Secretary-General, Civil and Commercial Law Research Association of Hunan Law Society, Associate Professor, Xiangtan University Law School
First of all, we can analyze the legal relationship between the platform and the driver. If the driver and the platform, that is, the relationship between the intermediary contract, as claimed by the Hualla official, is based on the provisions of the Civil Code on the intermediary contract. There is no direct provision.
According to the provisions of Article 966 of the Civil Code, if there are no specific provisions, you can refer to the relevant provisions of the commission contract.
With reference to the provisions of Article 929 of the Civil Code on paid entrustment, the trustee (driver) should bear the legal responsibility.
Does this mean that Hualala does not need to bear any responsibility?
In fact, this is not the case. According to the principle of equal rights and obligations, if Huolala fails to perform strict qualification review and technical supervision obligations, it may also face administrative penalties and assume fair responsibilities.
[Explanation] Lian Guangyang said that if Huolala and the driver are in an employment relationship, from the point of view of infringement, if the employees of the employer cause damage to others due to the performance of their work tasks, the employer shall bear the tort liability; the employer shall bear the tort liability Later, it can be recovered from the 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, has profited from the collection of driver management fees and other corresponding fees. If there is a profit, then it will be obliged to cause damage to others It is reasonable to assume responsibility and allow the platform to assume responsibility within the scope of profit, and it is in line with the principle of fairness.
And it’s worth noting that the "Cargo Lalla Platform Safety Rules" specifically mentions the "car-follower", which refers to "the driver in the transportation process, the transportation service demander requires the service vehicle to arrive at the destination with the goods. Local personnel" "The number of people following the car shall not exceed 2".
Based on this, it can be concluded that the cargo platform itself allows people to ride with the car, so it should fulfill the obligation to ensure the safety of passengers.
[Concurrent] Lian Guangyang, Deputy Secretary-General, Civil and Commercial Law Research Association of Hunan Law Society, Associate Professor, Xiangtan University Law School
The "Interim Measures for the Administration of Online Taxi Service Management" stipulates that online car-hailing platform companies shall assume the responsibility of the carrier and shall ensure operational safety and protect the legitimate interests of passengers.
Therefore, the online car-hailing platform should put the safety of passengers in the first place, and the most important thing is to track and supervise the vehicle journey, which is also indispensable.
Reporter Xu Zhixiong and Wang Haohao from Changsha
Editor in charge: 【Luo Pan】