From the driver's beating to the 2 1 year-old flight attendant being killed by Didi taxi, how should Didi platform standardize the car operation of Didi?

The most popular news on the Internet recently is that,

The stewardess was killed by Didi

This situation combines all the elements that can be emitted.

Abnormal _ diaosi, public safety, beautiful stewardess, pornography and murder are hard to say without fire.

The suspects are all dead, and the slag spreads photos of the stewardess's body in the WeChat group. Ergeng canteen also missed the opportunity to eat steamed bread with human blood, and then deeply stripped Liu Zhenhua's murderer.

There are millions of reward advertisements everywhere in the circle of friends. It is suggested that Didi give a million clues. It's better to give the money directly to the stewardess's family.

The story of the news is also quite simple. A flight attendant was killed by a hitchhiking driver during the ride.

10 on may 6, the media revealed that a 2 1 year-old flight attendant took a car from Zhengzhou airport to the city on the evening of may 4. By the morning of May 6, her family found that she had lost contact, and then the police confirmed that the flight attendant had been killed.

It is understood that the flight attendant is riding a drip ride. In response to this matter, Didi issued a statement apologizing today, saying that it was extremely sad and embarrassed about the flight attendant's murder, and said that a special working group had been set up to cooperate with the police to carry out the case investigation. Some media reported that Zhengzhou police have locked the suspect and are making every effort to arrest him. Shortly after the flight attendant was killed, WeChat and colleagues said that the driver was a little abnormal and that she was beautiful and wanted to kiss her. Colleagues advised her to get off at once.

Tonight, Didi offered a reward of 1 10,000 to find a driver for the flight attendant who was killed on the ride. Didi said in the announcement that "clues are openly collected from the whole society because of important matters involved". AI Finance and Economics found that the number has been turned off and registered in Zhengzhou, Henan Province.

This kind of news is destined to be very eye-catching. In a case concerning the safety of the public, the sense of substitution is very strong. And a beautiful young stewardess died, and there was a message saying that she was beautiful and wanted to kiss her before she died. It's hard to remember.

There is also a trend of public opinion, which is to constantly ask Didi to bear corresponding responsibilities, ensure passenger safety and fulfill social obligations.

People think that the problem is simple. In short, there are three "sense of substitution".

I can also take a taxi with Didi, but I didn't expect anyone to die. It's terrible. This problem needs to be solved.

Didi must strengthen the audit, and the government should also strengthen supervision, and use the strictest access mechanism to assess the network car drivers to ensure passenger safety.

Now that everyone is dead, let's talk about losing money. Most murderers have no money. This case is not a traffic accident case, and the insurance company will not pay for it. Since consumers choose Didi's taxi service, Didi is responsible. If Didi has money, it should pay.

I also think this statement is extremely correct politically. It can even be said that all cases related to public safety are basically the answer to this routine.

Before talking about specific and current legal provisions, I want to talk about how to protect the rights and interests of victims from the perspective of "meta-rules"

The existence of the rule of law in games is an ex post facto relief system. No matter how complicated the procedure is, the role of the entity level is to punish the bad guys and protect the good guys, so that this rule can be supported by the great common denominator.

When the stewardess is killed, the first person responsible is, of course, the murderer Liu Zhenhua. If you should kill someone, you should pay the price. So, let's propose a meta-rule.

The murderer died and the murderer lost money.

This provision has also been unambiguously written into China's criminal law and civil law, and there is no dispute. There is no doubt that whoever does something will bear the responsibility.

With this meta-rule, many victims say it is not enough at all. Even if the murderer is sentenced to death, he is often unable to pay compensation. Watch another news.

Pregnant women here take taxis on the right track. Should the taxi company pay for it?

Of course, the victims' families feel that they should pay compensation. I got into a taxi because I trusted the taxi company. As a result, your company did not provide passenger service, which killed people. The driver belongs to your company, so your company must bear the responsibility.

The taxi company thinks it's too wrong to compensate. The reason is that if there is an accident such as a traffic accident, the compensation will be fine. There are always risks in doing business, but our company let him drive, not kill anyone. People know each other, but don't know each other. The company can audit the driver's qualification, but not his heart. Driving an accident is called duty behavior, and killing people is not a duty. . . . Barabara

Then the case was handed over to the judge. As a judge, do you think the taxi company should pay compensation?

The result given by the current law in China is that Article 302 of the Contract Law is like this.

"The carrier shall be liable for damages for the casualties of passengers during transportation, unless the carrier proves that the casualties are caused by the passengers' intention, gross negligence or their own health reasons. "

The logic of the legislator is that since the taxi company has formed a passenger contract relationship with the passengers, the carrier will be liable for the casualties of the passengers during transportation, no matter whether such casualties are accidents or crimes, which is a special protection for the passengers.

This is equivalent to adding another rule to the meta-rule.

Rule 1: If the murderer dies, the murderer loses money.

Rule 2: The murderer belongs to a company, and a company loses money.

Although this regulation has increased certain obligations and risks for taxi companies, it has provided more protection for passengers' personal safety. The taxi company should not complain that you hired this person. The passenger has established a passenger relationship with your taxi company instead of the driver. Passengers only get on the bus because of their trust in the taxi.

Most people are satisfied with such a rule. The taxi company also knows that it is extremely unlikely that the driver will kill someone. Strict examination of drivers can also play a preventive role. There are always risks and costs in starting a business.

This rule has been implemented for a long time, and both passengers and companies understand a rule, that is, which company takes the bus will bear the responsibility.

Didi's accident this time has caused a new problem to the legal profession, because Didi is not the carrier of passenger transport contracts, but an "information service provider".

Do you take a taxi by Didi, the carrier or the taxi company? Didi platform provides information on two-way service.

Even the "Didi Special Car" is on the information platform of Didi Special Car. The vehicles and drivers are from legal and qualified car rental companies and driver labor service companies. Didi is also cooperating with local companies, and the car is just an information service platform.

Not to mention hitchhiking, Didi can be completely understood as, for example, you post a hitchhiking message on platforms such as 58 and market. My home is Baoshan, Shanghai, and my work place is Xujiahui. Change some gas money with me if you have the same way. If the hitchhiking driver is motivated by money or color, you can't ask 58 and Jiji.com to take responsibility.

Didi is just an information platform, so I also think Didi should not bear the responsibility of the carrier, and the ride is not an employee of Didi. You can't ask Didi to become a carrier and assume the responsibility of the carrier just because you use Didi's information service. This is also hooliganism. Didi is not a carrier, but it does not assume the responsibility of the carrier, which does not mean that it does not assume responsibility.

Then can you add a rule:

If the information service provider is at fault in the audit, it shall be liable for damages for the casualties of passengers during transportation.

The Consumer Protection Law also has the same rules of the game.

Article 44 stipulates: "If consumers buy goods or receive services through online trading platforms and their legitimate rights and interests are damaged, they may demand compensation from sellers or service providers. If the online trading platform provider cannot provide the real name, address and effective contact information of the seller or service provider, consumers may also demand compensation from the online trading platform provider;

If the online trading platform provider makes a promise that is more beneficial to consumers, it shall fulfill the promise. After compensation, the online trading platform provider has the right to recover from the seller or service provider.

If the provider of online trading platform knows or should know that the seller or service provider uses its platform to infringe upon the legitimate rights and interests of consumers and fails to take necessary measures, it shall bear joint liability with the seller or service provider according to law.

So whether Didi has fulfilled the audit obligation in this flight attendant incident depends on what the audit obligation of Didi driver is.

Interim Measures for the Administration of Online Booking Taxi Service

Article 14 A driver engaged in online car service shall meet the following conditions:

(a) to obtain the corresponding motor vehicle driving license and have more than 3 years of driving experience;

(2) It has no record of traffic accident crime, dangerous driving crime, drug abuse and drunk driving, and has no record of 12 in three consecutive scoring cycles recently;

(3) No violent criminal record;

(four) other conditions stipulated by the Municipal People's government.

What is easy to check here is the criminal record. At present, the information that can be verified is that Liu Zhenhua once settled after driving a motorcycle to hit someone, perhaps because he settled the criminal record of traffic accident, which cannot be verified.

Then you can continue to ask, if you can meet the conditions, you will definitely put an end to crimes. The answer is definitely not. Like this time in Liu Zhenhua, sperm went to the brain to commit crimes. It really needs to be completely put an end to it. I can only say that if politics is incorrect, "men are potential rapists." Because even regular taxis, all kinds of extremely violent crimes abound. You can Baidu yourself, and even to some extent, because of GPS positioning and passenger information determination, the safety factor is safer than taxis that don't access the Internet.

It's not over yet. This accident is not an ordinary network car. In fact, the network car is licensed, and there are requirements for the vehicle itself. The accident is a "free ride", and you don't need to enter the threshold to drive a free ride. With the wisdom of China people, all online car drivers will say that they are taking people along the way. I remember when I was studying in Songjiang University Town. At that time, there was no such high-tech thing as an online car ride, just a little black car.

Even if the audit is strengthened, with the wisdom of China people, we can still play a game of lending qualifications.

In this case, Liu Zhenhua didn't borrow dad's qualification to drive a ride. Didi's face recognition system says it's too dark at night to measure well. Even in the traditional taxi field, there have been qualified games. My husband contracted a car and paid the money. In order to get back to the old job, another brother in the family followed suit, which is equivalent to working early and night shifts.

In fact, if you meet a pervert like Liu Zhenhua, scum, being a drip driver will do something insane. If you are not a driver, you may see a beautiful woman when you walk at night, and drag her to the Woods to do it.

Because of the complexity of the above problems, rule 3 was promulgated not long ago, but it was promulgated. It is estimated that the happiest thing is the insurance company.

I also admire Didi. I can turn a hitchhiking APP into a stranger and explore. Offline link, and a private space. Long legs can tell whether a female passenger's voice is sweet or not. "Ambiguity" is the pursuit of _ silk, which is understandable. In the dead of night, a man and a woman were sitting in the car. If the girl lives alone, why not ask for an appointment? Didi hitchhiking registration interface, proper style of making friends, where do you think male and female friends and couples will carpool, but this picture looks like couples carpool.

Look at this picture, I can't spit it out.

Then there is the accurate feedback of big data, and hitchhikers can find prey as required. Domestic Internet companies have really reached the peak in grasping diaosi's mentality. To put it bluntly, being a hitchhiking driver can not only earn pocket money, but also have a low threshold and a chance to make friends. In the early days of the internet platform, in order to expand the user base, many people played this kind of edge ball, such as WeChat shake, Momo and so on. It is understandable that this kind of making friends is the essential need of human beings, but Momo, exploring this platform is for both men and women to understand what it is, whether it is safe or not, and to be responsible for it. When taking a taxi, girls can never bear to make friends and take a taxi at the same time, which is really incomprehensible.

Human nature can't stand the temptation, and it is Didi's ability to test and seduce human nature as a business. Although everyone is equal, what kind of man is most likely to be called a drip driver under the current national conditions? Not much to say. Talking too much is suspected of discrimination.

Therefore, Didi's fault in hitchhiking is not a question of audit. No matter how strict the audit is, it can't put an end to this kind of vicious crime. It's a human problem, and auditing can't be avoided. The mistake of Didi is to deliberately confuse the online car and the ride, and turn a ride platform involving passenger safety into a platform that gives drivers some bad hints.

This game of playing the edge ball and giving tips must admire the level of Didi's legal affairs and lawyers, whether it is illegal or not, but it is really hooliganism.