Taking a taxi with Didi, the most important thing is to pay attention to safety. In less than three months, two girls have been killed. Pay attention to confirm the route and don't be fooled by the driver.
Didi Chuxing is a one-stop travel platform, covering taxis, special cars, Didi Express, hitchhiking, driving and buses. It was renamed from "Didi Taxi" on September 9, 20 15.
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After combing the previous media reports, the reporter found that it is not the first case that Didi owners are suspected of intentional homicide, rape and defamation. In the relevant case, the driver's modus operandi is to carry a female passenger and invade the vehicle during driving or subsequent communication.
In the early morning of 2016165438+10, Hou Mou, the driver of Didi, used the drunken machine to commit obscene acts after sending the female passenger to the destination. Hou surrendered himself on the same day and obtained the understanding of the victim. He was sentenced to fixed-term imprisonment 10 month and suspended 1 year for committing the crime of compulsory indecency.
In the early morning of August 20 16, the hitchhiking driver Cai threatened a female passenger with a stun gun in the car and forced her to have sex with him. Cai was sentenced to fixed-term imprisonment 10 years by the court because he also committed other rape crimes.
In the early morning of July, 2065438+05 1, Zheng, the driver of Didi Shunfeng, took violent measures such as slapping in the car and forced him to have sex with him. After the passengers reported to the police, Zheng was arrested by the public security organs the next day and sentenced to 4 years in prison.
In addition, there are many cases of intentional injury caused by disputes and squabbles between car owners and passengers. In this case, taxis, special cars, hitchhiking and driving are all involved.
According to Jiang Nan, a judge of Haidian Court, in recent years, cases of car drivers infringing on passengers have occurred from time to time, geographically spanning the whole country, from vicious cases such as murder and robbery to intentional injury, fraud and theft. The number of criminal cases derived from the car platform is much higher than the public knows.
After the flight attendant murder case was exposed, Didi became the target of public criticism. The murderer Liu borrowed his father's account to take orders, which triggered a platform audit question.
After the incident, some media measured the Didi platform and found that there were security risks in the registration of the owner of Didi Shunfeng platform. Some female drivers can still "successfully authenticate their real names" after uploading the relevant certificates of male drivers. In addition, there is still "vest registration" in the market, that is, there is a special third-party platform to handle registration business, including forging license plates.
In the process of using Didi to call a car, the reporter has repeatedly encountered the situation that the license plate number of the passing car does not match the order. After the reporter asked, the driver said that the number was limited that day and he changed to a car. A number of drivers have previously told reporters that as long as they log in with a registered account, no matter which car or person, they can take orders.
It is understood that Didi Shunfeng has also introduced driver face recognition before, but only in the certification process, daily orders do not need face recognition, which also leaves hidden dangers for safety. The flight attendant was killed, and the murderer Liu was able to take orders with his father's account, indicating that there was a problem with the safety mechanism of taking orders by car.
In addition, in the hitchhiking business, the function of personalized comments and labels has also been questioned. Screenshots of netizens show that the hitchhiking driver can see the relevant information of the passengers before taking the order, as well as the comment labels from the driver in front of the order, such as "Yan value breaks the leaderboard", "sweet voice" and "beautiful without makeup", among which there are many explicit words.
Netizens generally believe that the comment function will induce drivers, thus increasing the safety risks of female passengers. At present, the Didi platform has turned off this function. It is understood that Didi Travel Platform provides a variety of travel modes, including taxis, express trains, special cars, and hitchhiking.
2011The Interim Measures for the Management of Online Booking Taxi Management Services, which came into effect in June, stipulates that the online car platform company shall bear the carrier's responsibility and shall ensure the operational safety;
Article 18 stipulates that the network car platform company shall ensure that the drivers who provide services have legal qualifications; Ensure that the drivers who provide services online are the same as those who actually provide services offline. At the same time, Article 38 of the Interim Measures also clearly stipulates that private car pooling, also known as carpooling and hitchhiking, shall be implemented in accordance with the relevant regulations of the city people's government.
"This provision exempts the rider from the carrier's responsibility for the network car." Zhao Zhanling, a special researcher of E-commerce Research Center and a lawyer of Beijing Zhi Lin Law Firm, told the reporter that according to the Interim Measures, hitchhiking does not belong to the category of online car-sharing, and there is no access requirement for vehicles and drivers. The hitchhiking platform does not need to bear the carrier's responsibility like the online carpooling platform.
The hitchhiking platform provides information services, which should be an intermediary contract service for passengers and hitchhiking drivers in law. "Under normal circumstances, the hitchhiking platform does not bear legal responsibility for personal injuries encountered by passengers during the hitchhiking process. However, if the windmill platform fails to fulfill its obligation to review the identity of the windmill driver, it needs to be responsible for it. " Zhao Zhanling said.
Zhang Xinnian, a lawyer of Beijing Shi Jing Law Firm, believes that according to the safe haven and red flag rules in the field of network infringement, if the private car platform has fulfilled its legal and agreed obligations such as real-name registration, verification of people and vehicles, and availability of operational data, the bad information on the platform is "unknown and should not be known", which can be considered as no fault and does not need to bear legal responsibility.
However, it has the obligation to monitor and eliminate the obvious illegal information that should be known according to law, especially the illegal information that has been reported by the victim or notified by the public security organ and known by the platform. If it is not deleted or blocked in time, it will bear legal responsibility.
In addition, the "Interim Measures" also stipulates that online car drivers must have "no traffic accident record, dangerous driving criminal record, no drug abuse record, no drunk driving record" and "no violent criminal record".
Haidian Court said that there were omissions in the platform's verification of registered drivers and drivers with criminal records of vicious crimes and traffic accidents. For example, Yin Mou, a registered driver of Didi Taxi, was sentenced to 4 years in prison for committing traffic accidents.
In addition, Didi's full-time drivers are suspected of obstructing official duties, selling drugs, and gathering people to disturb traffic order. In the course of operation, some hitchhiking drivers also use the registration of luxury cars from others as a criminal means of subsequent fraud and rape.
Not only that, Didi has previously excluded its legal liability through the terms of the user agreement format, stipulating that "the ride platform does not provide rental, car use, driving or transportation services, but only provides information interaction and matching services between registered users of the platform. If a safety accident is caused by the owner, the owner shall bear the corresponding liability for compensation. "
Judge Angelnan believes that Didi must come up with a thorough rectification plan to ensure the safety of passengers for a company that is deeply involved in daily consumption and has a large amount of data and transactions.
After the flight attendant was killed, Didi issued a statement saying that as a platform, it failed to live up to the trust of users, had an unshirkable responsibility, and announced a self-inspection. On May 1 1, Didi announced the progress of self-inspection, and closed the business of hitchhiking platform nationwide for a week-long rectification.
On may 19, the drip shuttle service resumed. After entering the ride page of Didi APP, the reporter saw that passengers need to complete six security measures, including registration authentication, receipt authentication, privacy protection settings and night travel protection, before they can start the ride service.
All personalized labels and comments have been offline, and the personal information and avatars of both passengers have been changed to "only visible to themselves", and the displayed avatars are all virtual avatars by default. After the rectification, the owner must carry out face recognition before placing an order to prevent the possibility of changing the account privately to the maximum extent.
In addition, the shuttle bus stops accepting orders from 22: 00 to 6: 00, and the maximum amount of insurance for drivers and passengers is 6.5438+0.2 million yuan. Didi promises that it will never shirk its legal and social responsibilities in related traffic accidents, public security criminal cases and user disputes that occur on the platform.
Zhao Zhanling told reporters that although it is difficult to legally identify the responsibility of Didi's hitchhiking platform, it does not mean that Didi has no corresponding social responsibility and moral responsibility. At present, many places in China have no direct regulations on hitchhiking, that is, car pooling. He suggested that the detailed rules for the implementation of private car carpooling at the national level should be issued as soon as possible, and the regulatory authorities should also standardize the ride-sharing behavior and formulate relevant regulations in a timely manner.
Zhang Xinnian said that the online car-sharing platform should ensure the safety of operation as much as possible, further strengthen safety precautions and effectively protect the legitimate rights and interests of passengers. Passengers should improve their safety awareness, check the license plate and driver before boarding, get off the bus in advance when encountering harassment or finding potential threats during operation, respond rationally when encountering danger, and call the police immediately if necessary.
In addition, Zhang New Year suggested that according to the Interim Measures for the Management of Online Booking Taxi Management Services and the Measures for the Operation and Management of Online Booking Taxi Supervision Information Interactive Platform,
The transportation management department should build and improve the government supervision platform, realize the sharing of information including but not limited to the basic information of vehicles and drivers, service quality and passenger evaluation information with the online car platform, strengthen the interaction management with the online car platform, and strengthen the market supervision of the online car platform companies, vehicles and drivers.
On may 2 1, Cai tuanjie, deputy director of the transportation service department of the Ministry of transport, said that it would speed up the clean-up of unqualified network cars, and the license would be revoked if repeated penalties were not changed, so as to speed up the clean-up of unqualified vehicles and personnel, ensure that the vehicles and personnel registered on the platform are consistent with the actual vehicles and personnel, and obtain corresponding qualifications. In addition, the construction of the credit system will be promoted and a joint disciplinary list will be implemented.
A blacklist system will be adopted for serious untrustworthy enterprises and related legal persons and managers. "To standardize the sharing of private passenger cars, we need to explore the establishment of a multi-party collaborative governance mechanism involving government departments, enterprises and sharing parties.
People's governments in some cities that have not yet introduced private car sharing should speed up the implementation of national reform opinions, introduce detailed rules for the implementation of private car sharing, and clarify the rights and obligations of all parties concerned. "Said CAI unity.
Reference: People's Network? Didi, when will your promise of "travel well" be fulfilled? Baidu encyclopedia? Drops travel