Original title: 21-year-old stewardess killed in a free ride, should didi bear the responsibility?
4hw.com.cn comprehensive news: eight days after the last apology to the public, the news that a young stewardess was killed made the public focus on didi platform again.
In the past six years, Didi has been taking various measures to ensure the safety of passengers, but there have been several safety incidents.
This is also the third safety responsibility incident in didi in a month.
As the largest online car Hailing platform in China, Didi needs to consciously undertake the necessary social responsibility while providing convenient travel services for the public -- how to strengthen the supervision of drivers and ensure the safety of passengers.
Stewardess killed on Didi's ride
On the evening of May 5, a 21-year-old stewardess (LI) took a free ride from Zhengzhou airport to the city, and then lost contact. According to a friend of the family of the victim, shortly after taking the bus, she once wechat told her colleagues that the driver was a bit abnormal and that she was beautiful and wanted to kiss her.
In the morning of May 6, Li's family and friends found that they had lost contact with him, and then contacted didi company and reported the case to the police. Police later confirmed that the stewardess had been killed.
On the morning of May 8, police found the body of the stewardess.
On May 10, Didi said in a statement that as a platform, it bears unshirkable responsibility and sincerely apologizes to Ms. Li's family. Meanwhile, Didi has set up a special working group to closely cooperate with the police in case investigation.
After making the announcement, the company announced the reward again in the evening of May 10th, and offered a reward of up to 1 million yuan. The public solicited clues to the whole society to find the suspected driver, and announced the suspected ID number, telephone and grandpa.
Subsequently, Ping'an Zhengzhou issued a police information circular saying, "the victim Li Mou Zhu (stewardess) was killed on the way to take the online car Hailing. Liu Mou Hua, the driver of the online car hailing, is suspected of committing a major crime. Now the police are fully carrying out the search and arrest work in the relevant areas. '
The platform should strengthen the control of driver qualification
It is reported that this is not the first time that passengers have been killed on didi platform.
On May 2, 2016, a 24-year-old female teacher in Shenzhen took Didi's free ride back to school. The driver pan forced the victim to hand over her belongings with a knife, and then brutally killed her. Later, Didi company reported that the registration information of the driver involved on the platform was true, but the license plate of the vehicle involved was forged temporarily by the driver. According to the police's investigation results, when the victim found that the license plate and platform information were inconsistent, he chose to cancel the order on the platform and continue to ride.
A number of netizens also reported on the public platform that they had encountered the inconsistency between the real brand of online car booking and the one displayed on the platform.
In addition, a number of drivers have told AI finance and economics that there is a special third-party platform for agent registration, including forged license plate and other personal information.
It is reported that in the didi driver registration platform, the recruitment information of express drivers shows that the registration of didi express drivers in Beijing needs to implement the real name system, provide ID card, driver's license and driving license, and have no criminal and drug abuse records, no serious traffic violations such as drunk driving and drug driving. In addition, drivers with more than 3 years of driving experience and C2 or above are allowed to drive. The general audit period is 3-5 days.
However, the application conditions for free rider owners are relatively loose. According to the information of recruiting free rider drivers from didi app, ID card, driving license and driving license are required to be true and valid, and the driving experience should be more than one year. The fastest time for the owner to audit is 48 hours, and it takes 7-14 days for a new car or a new driver's license.
Obviously, there are obvious loopholes and deficiencies in Didi's supervision of drivers' qualifications. "A person in the industry said that in addition to the above-mentioned loopholes, there are also problems such as sending orders for illegal online car hailing and foreign vehicles with foreign license plates can still be registered and operated locally. In order to protect the vital interests of users, the platform side should strengthen the audit of drivers.
At the same time, Zhihu netizen @ Ji Dafa thinks that at present, the state has no clear regulatory opinions on free riding. At the same time, the threshold requirement for didi to accept drivers is too low, and there is no binding force or screening strength from the safety aspect. '
Liu Jingcheng of Beijing Tianping (Changsha) law firm said from a legal point of view that didi has the obligation to strengthen the audit of drivers and needs to provide safe, effective and real car Hailing services.
But at the same time, Didi has been trying to improve the regulatory mechanism. It is reported that didi has carried out close cooperation with the public security department to screen the background of car owners, and exclude people with criminal records, at large, drug addicts, serious mental illness and other people from entering the platform. Only after passing the audit can the order be received on the platform.
Does didi need to bear legal liability?
For this incident, does Didi, as the platform side, need to bear the responsibility and how much responsibility?
Yin Fuqiang, a lawyer from Beijing Long'an law firm, told AI financial news agency that it is impossible to judge what responsibility didi platform should bear based on the current information. 'if didi has gross negligence in auditing, such as failing to disclose information such as criminal record and professional blemish, or failing to conduct necessary review on such information, Didi may have negligent behavior, and will bear corresponding responsibility based on inadequate information disclosure. But when it comes to criminal responsibility, the current law can not make didi platform responsible. 'said Yin Fuqiang.
Zhu Wei, associate professor of China University of political science and law, gave a detailed explanation from three aspects
1、 The information service of didi platform not only includes matching the supply and demand information of drivers and passengers, but also undertakes the obligation of information audit. If the platform does not verify the real names of drivers, vehicles and passengers, or the verification result is wrong, the platform should bear the supplementary responsibility in case of problems. In this incident, Didi platform verified the driver's relevant information to be true. From this point of view, the platform has no responsibility.
2、 There is no employment contract between the hitchhiker and Didi, so they don't bear the responsibility of duty behavior and employment relationship.
3、 The fee paid by the hitchhiker to didi is information fee. Didi needs to fulfill its responsibilities, including not only auditing drivers and vehicles, but also purchasing insurance to ensure the information security of passengers and drivers. But this does not mean that information fee will change the nature of platform information service.
Han Xiao, a lawyer from Beijing Kangda law firm, pointed out in an interview with the Beijing news that according to the Interim Measures for the operation and management of online booking taxi and the relevant provisions of the contract law of the people's Republic of China, Didi, as a carrier, failed to deliver passengers to the destination safely, which constituted a breach of contract for passengers and caused casualties during transportation. Didi should bear the responsibility for breach of contract Liability for damages.
'the bigger the platform, the greater the responsibility. Zhu Wei believes that didi should not only bear legal responsibility, but also social responsibility and moral responsibility.