Didi is not a platform for criminals

Author: 国瓴律师
Published on: 2018-08-30 00:00
Read: 14

 

The incident of "flight attendants killed by Didi car" has not yet subsided, and the incident of "Yueqing girl killed by Didi car" has been exposed. Deep regret at the same time, but also need to mend, to prevent the tragedy from happening again. Unlike the previous incident, the victim, surnamed Zhao, reported the incident to the police in time. Sadly, at the critical moment, Didi customer service refused to provide Zhao's friend with the license plate number and suspect information because it "wants to protect the privacy of the driver", resulting in the police being unable to timely rescue, delaying the time for help, and being killed.

What is more sighing is that the day before the crime, there was another female passenger who sat in the car of the suspect Zhong. At that time, Zhong took it to the remote place with the intention of misconduct, and the passengers were saved from the evil by means of self-rescue, and after escaping, the passengers immediately complained to the Didi platform. The platform promised to investigate as soon as possible, but has not received relevant feedback and processing results as of the victim's murder. It can't help but think that if the Didi company dealt with it in time, Zhao may not be killed.

reappearance

After the end of the university roommate birthday party, the victim Zhao at 13:30 on August 24 through the "hitch" way to sit on Zhong's network car, in Yueqing back to Yongjia. At 14:09, Zhao said in the wechat group that he was driven to the uninhabited mountain area, five minutes later, again in the group for help, after receiving the message, Zhao's friend immediately called his mobile phone, which has been turned off. Zhao's friend Zhu realized that the situation was urgent and immediately reported the case. Prior to this, Zhu had contacted the customer service of the Didi platform, and the customer service said that it would reply within an hour. The police then queried Zhao's track through the public security information platform, and dialed Zhao's mobile phone number through their own mobile phone, but it showed that it was turned off. At about 16:41, the police used Zhu's mobile phone to communicate with Didi customer service, and after indicating the identity of the police, they hoped to learn more about the owners and vehicles of Zhao's ride from Didi customer service, and Didi customer service replied that security experts would intervene and asked to continue waiting for a reply. At 17:13, Didi customer service reported to the police that Zhao had booked a ride at 13:13 and canceled the order at 14:10 and did not get on the bus. The police again asked to know the driver's contact number or license plate number of the hitch in order to contact, but failed. At around 20, Zhu received a reply from Didi customer service, saying that he had provided the suspected vehicle information to the police. In view of the fact that Zhong is suspected of committing a major crime, the city and county two levels of public security machinery captured the suspect Zhong at about 4 a.m. on the 25th in Liu Town. The police also said that the police had asked Didi customer service three times for information about the suspect and the vehicle, but were rejected twice, and Didi only provided relevant clues after providing the police officer's card, which took 92 minutes.

According to the suspect, at about 14:50 on August 24, when he took the victim to Yanglin Line Mountain Road, Tamhi Town, he raped the victim Zhao and stabbed him in the neck with a dagger, causing a lot of bleeding, and then threw the victim under the cliff outside the road guardrail and drove away from the scene. According to the preliminary identification of the forensic medicine, the cause of Zhao's death was acute haemorrhage caused by the rupture of the right neck artery.

Post hoc analysis

Didi is right to protect the privacy of car owners, but it is not good at handling emergencies. After receiving complaints, Didi platform did not respond in time, and its handling of emergency incidents was too slow. And the day before the victim was killed, a female passenger complained to the Didi platform about the suspect, but it was not handled in time until the victim was killed. After the incident, Didi only settled with a letter of apology, the platform's loose management system and the personal quality of customer service are indeed worrying, and Didi has an inescapable responsibility for this. In addition, for emergency handling, if each Didi car can be equipped with an emergency alarm device, and the information of the vehicle and the owner can be fed back to the police and the Didi company, it can not only bring the murderer to justice in time, but also deter the owner and greatly ensure the safety of passengers.

And about the problem of Didi's legal responsibility. First of all, Didi Hitch is qualitative to clarify the relationship between Didi platform, passengers and drivers. The use of Didi Hitch can be regarded as a service contract between the passenger and the driver after the passenger sends an offer to the hitch driver through the Didi platform, and the driver sees the passenger's travel offer on the platform and completes the commitment by clicking on the order. In this process, the Didi platform only serves as an information intermediary, matching supply and demand information for private car drivers and passengers with the same or similar routes to facilitate travel transactions, according to Article 424 of the Contract Law: "The intermediary contract is a contract in which the intermediary reports to the client the opportunity to conclude the contract or provides the media service to conclude the contract, and the client pays the remuneration", it can be seen that the intermediary service contract relationship between the Didi platform, the driver and the passenger.

In recent years, Didi crazy enclosure expansion, invincible. But we see management not keeping pace, even to the point of confusion. As for the mismanagement of Didi and the slackness of customer service that led to the tragedy, whether Didi should bear the corresponding legal responsibility remains to be verified. However, after the incident, Didi offline hitch business, removed the general manager of Hitch business Huang Jieli and vice president of customer service Huang Hong, and claimed to reform the customer service system and other measures, hoping that Didi's responsibility for this incident and rectification can make the tragedy will not happen again.

Questions about other responsibilities. The bigger the platform, the wider the impact, and the greater the responsibility. Assuming that the final investigation results show that the Didi platform has fulfilled the specific audit and prudent obligations in the intermediary service, the legal responsibility can escape, and the moral and social responsibility is inevitable. On the moral level, Didi apologized immediately after the incident, promised not to shirk responsibility, actively cooperated with the police to solve the case, and expressed condolences to the family and gave corresponding compensation is one of them. But more importantly, the Didi platform should fully consider all aspects of travel issues, do its part as a platform to improve the platform technology, introduce corresponding rectification measures to strengthen the regulatory supervision and management of drivers and passengers, and constantly reduce the risk of taxi-hailing, in order to better assume social responsibilities.

Therefore, whether it is the Didi company, the Didi car owners or we passengers themselves, we should keep these bad events in mind and take it as a warning. Didi should be more professional in the screening and training of car owners; The owner should also carry passengers reasonably according to national laws and company requirements; For us passengers, we must learn how to save ourselves when a crisis comes and avoid similar tragedies from happening again.

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