关键词: 网约车平台; 侵权责任; 用人单位责任; 安全保障义务

Abstract: The legal relationship of online car-hailing platforms is complex and diverse. The differences in the legal relationship between platform companies and drivers directly affect the determination and assumption of tort liability. Currently， the adjudication path on the infringement disputes of online car-hailing is to judge the existence of the labor relationship between the platform and the driver. The result will determine whether Article 1191 of Civil Code should be applied to make the platform bear the liability of the employer in the infringement disputes. However， this analysis method is only applicable to “direct employment mode” and “rental-car mode”. The online car-hailing platforms under social vehicle mode do not have a labor relationship with the drivers. Based on the characteristics of the legal relationship under the “social vehicle franchise mode”， the online car-hailing platform should assume the corresponding responsibility for violating the security obligations. Such “corresponding liability” can be determined as a supplementary liability according to specific liability forms of platforms for violating security obligations as stipulated in the E-commerce Law， and may also constitute joint liability under certain circumstances.

Key words: online car-hailing platform; tort liability; liability of the employer; security obligations