中国劳动关系学院学报2026，Vol.40Issue(4)：101-113,13.
网约配送致损赔偿责任承担问题研究
Research on Liability for Compensation for Damages Caused by Online Delivery Services—Starting from Article 1191 of the Civil Code
摘要
Abstract
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.关键词
平台经济/用人单位责任/用工控制/工作时间/替代责任Key words
platform economy/employer liability/employment control/working hours/vicarious liability分类
社会科学引用本文复制引用
班小辉,刘悦璇..网约配送致损赔偿责任承担问题研究[J].中国劳动关系学院学报,2026,40(4):101-113,13.基金项目
本文系国家社会科学基金重点项目"协同治理视阈下新就业形态从业者权益保护研究"(项目编号:23AFX019)的阶段性研究成果. （项目编号:23AFX019）
