网约配送致损赔偿责任承担问题研究OACHSSCD

With the development of the platform economy,traffic accidents involving on-demand delivery riders that cause harm to third parties have become frequent occurrences.Nevertheless,under the current regulatory framework,the legal application governing liability for compensation remains ambiguous,leading to inconsistent judicial rulings among courts nationwide.By sorting out foreign regulatory experience and China's existing laws,regulations and policies,this study holds that the application of Article 1191 of the Civil Code of the People's Republic of China requires refinement of the following criteria:First,whether a platform or its cooperative labor enterprise shall bear employer liability shall be judged by the control standard,and the existence of employment control shall hinge primarily on algorithmic labor management.Second,the scope of working hours needs further clarification:an accident triggers liability only if the rider is performing assigned work tasks,and reasonable special time windows shall also fall within the scope of working hours.Third,regarding liability allocation,where a platform and its cooperative enterprise jointly exercise control over labor,they shall bear joint and several compensatory liability.As for the internal liability apportionment between the two parties,the degree of labor control exercised by the platform shall be taken into account.Therefore,based on the above refined criteria,the tiered adjudication standards proposed in this study can serve as normative references for unifying judicial benchmarks and regulating platform employment.