Earticle

Abstract

영어

With the increasing number of platform riders in new employment form, legal issues concerning the liability of platform riders for damages caused to third parties are emerging one after another, posing a significant challenge to judicial adjudication. This article, drawing upon the framework outlined in Guiding Opinions on Safeguarding the Labor Rights and Interests of Workers in New Employment Forms, discusses the subordinate relationship between delivery riders and platforms, identifies the constituent elements of 'not fully meeting the conditions for establishing an employment relationship', and proposes a rule of reversing the burden of proof in disputes involving damages caused to third parties by delivery riders. This study provides theoretical support and feasibility analysis for the establishment of this rule, aiming to find a reasonable solution to the problems of platform riders' liability for damages caused to third parties.

Contents

Abstract
I. Statement of the Problem
II. Discussion on the Path to Determining the Liability of Platform Riders for Damages Caused to Third Parties
III. Proposed Rules for Determining Liability of Platform Riders for Damages Caused to Third Parties
IV. Conclusion

Authors

• Li Yang [ Associate Professor, Doctor of Law, Civil and Commercial Law School, Southwest University of Political Science and Law ] The first author
• Lu Siying [ Postgraduate Student, Civil and Commercial Law School, Southwest University of Political Science and Law ] The second author

Reference