2015·7·24 Jingbao Page 06 Special Car Driver Murdered in Dongguan

At around 7 o'clock yesterday morning, when the family found the location of the incident through the GPS positioning of the private car company, they found that the white Toyota driven by Yang was empty and stained with blood. There was also a belt left at the scene. Bloody dagger, Yang's body was in the grass a few meters away from the Toyota.

According to online news, Yang’s younger brother also mentioned that he and Yang both “made a living by carrying passengers in special cars within Shenzhen Customs.” Some media reported that Yang was a “people’s Uber driver”. Yesterday, a reporter from Jingbao contacted Mr. Xie, the wife-uncle of the deceased Yang who had rushed to Humen, Dongguan. He told reporters that he "learned about the incident at 9 a.m. (July 23). Yang's wife and father-in-law were already working in the leasing company. Under the leadership of the personnel, the accident scene in Humen was found based on the GPS of the Toyota car."

The deceased "rented a car and drove an Uber before his death" and had only been in Shenzhen for nine days

Jingbao. The reporter learned from Yang’s wife’s uncle, Mr. "Live together." Mr. Xie said that Yang originally wanted to drive a taxi like his brother and father-in-law, who had been driving red taxis in Shenzhen for many years. "The car rental company rented a Toyota car, "which was used to drive an Uber car, and then it was divided with the 'Huayutong' company at a rate of 4:6, and Yang received 60%." Mr. Xie remembered that Yang became a private car driver. After that, he rented a house with his wife and children in Dawang Village, Luohu District.

When Mr. Xie arrived at the scene of the incident yesterday, he found that the road there was very remote. Yang’s wife and father-in-law also used the on-board GPS of the Toyota car driven by Yang, led by the staff of the rental company. Just found it there. When they found Yang, they found that his mobile phone and wallet were missing. Most of Mr. Xie and Yang's family believe that this is a "murder and robbery incident." However, the Humen police have not disclosed to Yang's family the characterization of the case. "They just told us that further investigation is still underway."

Which company's driver was the deceased?

Several media reported that the driver Yang who was killed was an Uber driver. Jingbao reporter asked Uber’s Shenzhen branch about this, but a relevant person in charge of the company told reporters that the company was also responsible for The media reports had just learned of Yang’s murder. “The entire company is shocked and concerned, and is fully cooperating with the police in the investigation.” The person in charge said that until the Jingbao reporter called to inquire, “The murdered driver Yang Yang’s family has never contacted Uber’s Shenzhen branch, and through inquiries, it was found that the license plate number of the vehicle driven by Yang was not registered on the Uber platform.”

In addition, the “500 yuan” mentioned in online reports was not disclosed. The person in charge of the company also clarified the situation of soliciting passengers to go to Humen. She said, "Currently, each product on the Uber platform will not charge a 'fixed price' to passengers. The fare that passengers have to pay is based on the actual price." "The reporter from Jingbao then asked another large online taxi platform "Didi Taxi" about the incident. The person in charge of the company denied to the reporter that Yang had any relationship with "Didi Taxi". "Any connection.

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Private car drivers also face safety risks

The emergence of various private car platforms has catered to people’s daily needs of “convenient payment and easy rides”. The size of the user and private car market is growing rapidly. Correspondingly, news such as "harassment by drivers in private cars" and "passengers' personal privacy leaks" have been reported one after another. While many people think that taking a private car is unsafe, they should also see another aspect: private car drivers also face safety risks.

Previously, West China Metropolis Daily reported on the murder of a private car driver in Shuangliu, Chengdu. On the evening of June 28, because the wedding was approaching and the financial pressure was high, the criminal suspect Li Dingding targeted the private car driver in order to find wedding money. He downloaded the "private car software" on his mobile phone and chose a luxury car service to meet the private car driver Huang. Get in touch. During the journey, Li Dingding asked the driver Huang to park the car in a secluded place on the pretext of going to the toilet. Then, when Huang was unprepared, he used a stun gun to shock Huang, but Huang resisted strongly. Later, with his feet entangled in the seat belt, Huang was dragged to death by Li Dingding driving for 8 kilometers at a speed of 100 kilometers per hour.

"Long distances late at night, do what you can"

"Earn money every day, and earn over ten thousand a month while talking and laughing." Various wealth myths about chauffeurs are widely circulated. And it has attracted a large number of private car owners to join the "army of private car drivers". However, the hidden dangers to personal and property safety are ignored by the public. The murder of Yang spread on the Internet and aroused public criticism.

Mr. Chen, private car driver:

If you receive a passenger who wants to go to a remote place late at night, you should do what you can. If it is too far, it is best not to go. It is safe. More important than making money.

Netizen "wtemporaryw":

Everyone with experience knows that if you are walking a long distance so late at night, you need someone to follow you.

Uber driver and netizen "Mr. Angry":

It is wrong to drive a private car and receive cash.

Lawyer:

The private car driver is not an employee of the private car platform operator

Yesterday, a reporter from Jingbao interviewed Zhu Chunli of Beijing Hanwei (Shenzhen) Law Firm Lawyer, consulted on issues such as the legal relationship between the operator of the private car platform and the private car driver.

Jing Bao reporter: What is the relationship between private car drivers who use private cars for ride-hailing services and private car platform operators? Is it an employee or an independent contractor? When a private car driver encounters an accident or suffers personal or property losses during the service process, should the private car platform operator bear some corresponding liability for compensation?

Lawyer Zhu: Private car drivers are definitely not “employees” because private car platforms are similar to third-party intermediaries and transaction brokering platforms, so the relationship between drivers and private car platform operators is at best a cooperative relationship. Although there are certain clauses between the two parties, it is conceivable that they are mostly designed to protect the rights and interests of the platform party and will not increase the liability of one party.

From the perspective of the Civil Code, as a motor vehicle driver, he has full behavioral capacity and sufficient ability to foresee dangers and take preventive measures. Therefore, it is unfair for the platform to bear additional responsibilities and obligations for the losses of private car drivers.

And if Yang, a passenger, did not use any private car platform that night, but privately solicited passengers with a "fixed price", it was completely a personal act.