Tiger Sniffing Business Group

Author | Zhenzhen

Head picture| Visual China

Six minutes is a trivial time for ordinary people, but a young girl lost her life. A company valued at 65 billion yuan has therefore become a target of public criticism.

Why did the tragedy happen, who should bear the responsibility, and similar tragedies should be avoided? This is a question from all sectors of society after the incident of “23-year-old girl Huolala jumped out of the window and died while moving” was exposed on February 21.

After the incident, many people will think of similar incidents that happened in Didi before. However, although intra-city freight platforms and online car-hailing platforms are fundamentally different in terms of carrying entities, intra-city freight platforms pull goods and online car-hailing platforms pull people. However, this incident just shows that whether it is soliciting goods or soliciting customers, the attributes of the platform service should be taken into consideration, and relevant measures need to be taken in terms of supervision and safety protection, which is not lucky.

It has been nearly 3 days since the Huolala Jumping Incident happened. Due to various reasons, the event has not yet produced a final result, so it is still being fermented. Weibo topics are discussed and read about 850 million times. Everyone All are waiting for a truth.

As of the time of press, according to the latest news from Red Net, it was learned from the Public Security Bureau of Changsha High-tech Zone that on February 23, the driver involved in the “Incident of a woman who rented a passenger car and jumped into the car in a Lara Net” Zhou Mouchun (male, 38 years old, from Yuelu District, Changsha City), was criminally detained by the public security organs on suspicion of negligence causing death. Currently, the case is under further investigation.

But in the process of waiting for the truth, the following three questions are not only arousing heated discussion and controversy, but they are also worth pondering!

Fatal 6 minutes

The incident dates back to February 6 this year. On February 21, according to the netizen “Tonight’s Style Outer Hustle” Weibo: At 9 pm on February 6, 2021, 23-year-old Che Sasha from Changsha, Hunan, “jumped out of the window” from the co-pilot of the cargo, the rescue was invalid. , Unfortunately passed away on February 10.

“Tonight’s style is noisy outside” is the younger brother of the person involved. He introduced that because of the move, Cha Shasha used cargo to callThe van got on at 21:17 on February 6th. At 21:24, he used to post messages and interact with colleagues in the work group, and there was no emotional abnormality. Then at 21:30, the Huolala driver dialed 120 and 110 on Quyuan Road and said that Cha Shasha committed suicide by jumping the window. The brother of the person concerned said that after the incident, the driver had been brought under control.

The family of the person concerned stated that Sa Sa is from Linxiang, Yueyang, Hunan, and has been engaged in recruitment work for an Internet company in Changsha for more than a year. Sa Sa placed an order for moving services on the Huolala platform at 2 pm on February 6. The platform assigned a master Zhou surnamed to drive a Xiang A•DA6557 van to the appointment to move.

“For a moving drive of less than 10 kilometers, why did the driver make many detours and yaw three times in the driving track? “The driver did not have Follow the recommended route of the Huolala platform to take the West Second Ring Road to Fenglin Road, but take Yuelu Avenue to Xiawanglong Road, and then frequently detour to Quyuan Road. Wanglong Road, Jiayuan Road, Qu There are basically no street lights at night near Yuanlu, and some road sections can even be said to be invisible at night.” Why is there no audio recording in the car? What happened in just 6 minutes? The police said that the driver’s transcript stated that Shazsha chose to jump the window. Why did the window jump on the back of her head? “These problems make girls’ families puzzled.

A colleague of the client said that in her daily work, Xiaosha is an active and hardworking girl with a very kind personality, and she usually raises a puppy “snowball”. “She didn’t happen to anyone in the companyDisputes, or verbal friction, are often recruiting champions, with good performance. The original plan was to buy a house this year. “

As for why the driver would diverge repeatedly and whether there is audio monitoring in the car, Hualala officials also responded to the family members of the parties concerned that the driver did not have relevant audio and video equipment and measures. Regarding the yaw and the cause of the incident, the family members said at the February 11 conference that the driver’s explanation was: the driver did not understand the navigation operation and caused the yaw, and the woman jumped the car after three yaws.

According to the driver’s confession, the first time the girl reminded the yaw, the driver said that she was familiar with the neighborhood, and the third time the girl jumped out of the window. Some netizens suggested that the driver had diverted to his home, but this claim has not been confirmed.

In the middle of the night on the 21st, Huolala issued a statement stating that it was cooperating with the police investigation; the investigation of the incident by the Changsha police is still ongoing and a qualitative conclusion has not yet been reached.

In response to this incident, Huolala responded to Tiger Sniff. Everything is based on announcements. If there is the latest news, it must be notified as soon as possible. The Changsha locals contacted by Tiger Sniff also had no new information to disclose.

The family of the person concerned said that they have been trying to figure out the core question “why did Che Sasha jump off the car”, but the platform party, the truck driver, and the police have yet to answer exactly.

According to the family of the person concerned, when they asked the police station about the progress of the investigation, they learned that the driver involved was released by the police three days later due to insufficient evidence. This statement has not been confirmed by the police, and it is reported that the police are still investigating.

Li Jinyan, director of the Beijing Jingshi (Shanghai) Law Firm, also told Hu Xiu that the 23-year-old girl jumped from the car in Huolala. From the information currently publicized by the police, it is not easy to judge whether the driver of Huolala exists. Liability in criminal law. Everything still has to wait for the result of the police investigation.

responsibility game

It is worth noting that in this case, Huolala, as the platform behind the driver involved, did not contact and appease the family members immediately after learning of the incident, and assumed corresponding responsibilities.

According to Ziniu News, the family members of the parties stated to the morning of the 22nd: “The driver and the platform never visited until the child passed away.” Huo Lala’s response was evasive, and the reason for the unsuccessful negotiation was his An attitude that refuses to take any responsibility.

“Huo Lala originally promised to meet on February 9th on February 8, but she never showed up and did not have a phone call. On the night of February 9th, the family members were in a bad mood to Huo Lala.While making a phone call, the police station agreed that the two sides met at the civil consultation meeting the day after the death of Cha Sha Sha on the 11th. “At the meeting, we learned that the driver involved in the incident admitted three times in the transcript, but their company still insisted that it committed suicide, saying that they had no responsibility. Until now, neither the driver nor the company has come to condolences their family members.

Huolala’s official statement stated that on February 8, the company established a special working group to actively communicate with family members and sent a special group to Changsha.

Faced with Huo Lala’s handling of the incident, an industry publicist told Tiger Sniff that the company should apologize and apologize promptly after learning the news, regardless of whether the main person behind this incident is Huo Lala. Acknowledge mistakes, commit to rectification, and implement corrective measures, rather than shirk responsibility.

Li Jinyan said that shirking responsibility is a common practice for online appointment platforms in China. For online appointment platforms such as Huolala, the agreements they sign with specific service providers (such as Huolala drivers) are Define yourself as an information providing platform, which is equivalent to an intermediary of service transaction opportunities. For intermediaries of transaction opportunities, they do not bear legal liabilities arising from the process of transaction services in law. So for platforms, it is common for them to dismiss responsibilities.

As mentioned above, there is an agreement when entering the platform. The platform generally positions itself as an intermediary, just a transaction information publisher, and the deducted money is also collected in the name of information fees. For example, Didi, Huo Lala, Meituan, etc., such platforms are unwilling to become drivers and takeaway riders hirers, to avoid labor disputes, and secondly, to avoid being infringed by drivers and takeaway riders. Subject of liability.

For this accident, how is the responsibility between the platform and the driver divided? Li Jinyan said that because the responsibility for this incident has not been confirmed, it is difficult to judge the issue of responsibility when the facts are not clear.

For example, if in this accident, because the girl hadn’t noticed the driving environment before, she suddenly found that the roadside was very dark and quiet, she was overly nervous, and she took drastic actions that caused the regretful result. If it is in this case, the result of the matter is caused by the actor’s own excessive reaction. The driver has not acted, so there is no responsibility, and the platform is not responsible.

“Of course, the above example is to illustrate that there is no way to determine liability issues when the basis of the matter is not clear.” Li Jinyan added.

In addition, Li Jinyan also said, “In fact, it is difficult for Huolala to be liable” because the platform agreement between Huolala and the driver defines an intermediary. When a customer registers for Huolala, the agreed agreement also defines an intermediary. The intermediary is a contact person for trading opportunities, and it does not serve the actualel=”small title” class=”text-sm-title”>2, safety supervision, loopholes revealed

According to the feedback from the family members of the parties and the response of the Huolala platform, the Huolala platform did not implement safety protection measures on its APP and driver’s side, nor did it force the driver to install monitoring equipment in the car, such as APP with its own recording function and voice Prompt the user’s protection items, one-button alarm and other functions, install audio, video or face recognition equipment in the driver’s car.

Logistics industry expert Yang Daqing said to Huxi that the urban distribution logistics platform may learn from the practice of online car-hailing, and gradually explore the installation of corresponding audio or video monitoring in the vehicle, which will help strengthen the transparent management of customer logistics at the C-end. Conducive to supervising the irregular behavior of drivers. At the same time, he pointed out that Internet + intra-city freight is an emerging market, and moving freight is mostly non-standardized services. There is no relevant safety operation standard.

From the perspective of the law, Li Jinyan said that at present, it is difficult to judge whether there is a causal relationship between the truck driver review system and management system and the occurrence of the incident. We can only wait for definitive information to confirm that this incident was caused by the driver, and then we can go back and say that due to the various systems of cargo pulling and pulling, the management of the driver is not perfect, so unstable personnel are mixed in, leading to tragedy.

If in the end there is no way to prove that it is the driver, or it can be proved that it is not the driver, there is no relationship between the cargo pull system and the outcome of this incident. However, the problems exposed in this incident can reflect the lack of platform management in Huolala. For example, there is no monitoring system on the transportation vehicle, and it is difficult to confirm responsibility when disputes or accidents occur inside the vehicle.

Therefore, at present, we cannot determine whether the incident occurred because of the loopholes in the supervision of Huolala. However, because the parties involved only the platform driver and the girl Cha Shasha, and the lack of audio and video recordings of the incident, it was difficult to find evidence, and the cause of the incident and the investigation of the truth were slow.

It’s not just that the Huolala platform has the above problems. Husniff found that other such freight platforms are not in place in terms of safety protection by querying the Huolala peer APP interface. Like Huolala, there is no recording in the car. , Video recording equipment, APP does not have its own recording function, voice prompt user protection instructions, one-key alarm and other functions.

3, the driver registration review mechanism is not in place

The official website of Huolala shows that its registered drivers have undergone rigorous training and assessment. However, according to the on-site investigation of Phoenix Network Technology, it is found that the Huolala platform is still inadequate in terms of driver entry barriers and safety training.

The driver of Huolala needs to meet the following conditions: age needs to be 20-60 years old; five certificates are complete (ID card, driving license, driving license, qualification certificate, road transport permit); vehicle age must be less than ten years Inside, the insurance is complete and the annual review is within the validity period. The filling of vehicle information includes license plate color, license plate number, type, body length, etc. There is no option to mark whether there is a driving recorder.

According to a report from Phoenix.com, a driver of Huolala said that Huolala’s so-called “strict training” lasts only about 1 hour, and the training content mostly focuses on software operation procedures and cargo transportation, involving safety training. Less knowledge. The driver said that the registration process of Huolala drivers is simple, “you can start working immediately after registering and paying the deposit on the same day.” Huolala’s customer service also told Phoenix.com that the offline training time is less than one hour, and the training content is mostly “software use, how to grab orders” and other issues.

According to the Health Times interviewed by Tao Jia (pseudonym) from Shanghai, the driver kept complaining about the difficulty of climbing the building, too much luggage, and bad road conditions. For small luggage, she directly asked herself She moved upstairs, although the move was successfully completed, but the attitude of the driver made her feel very upset. “I suspect that the platform drivers don’t have systematic training at all, otherwise why can’t they stabilize their emotions in front of customers?” Tao Jia said.

According to Hebei Youth Daily, in April last year, the driver Xiao Xing was involved in a car accident while running a “cargo pull”, and the accident lost about 70,000 yuan. However, when Xiao Xing contacted the insurance company to inquire about the situation, he was refused compensation on the grounds that Xiao Xing’s vehicle did not have operating qualifications and was a change of vehicle use. And Huolala’s customer service replied: “You should be clear before you apply for registration. We can remind you accordingly, but this is not our necessary work.”

Xiao Xing said that he didn’t know that non-operational vans could not pull goods before. When signing the agreement, the platform party did not inform in advance that the vehicles did not meet the delivery requirements and passed the review smoothly.

Li Jinyan told Huxiong that, according to Internet news, the training of cargo drivers is only half an hour, which does not equip the drivers to handle emergencies. For example, in this incident, observing the transportation vehicle will find that if you want to jump from the window, it is actually difficult and will not be completed smoothly. However, the driver did not have any signs of emergency braking during the driving process, indicating that the driver was doing something. There is no effective blocking behavior in the process.

Finally, Li Jinyan said that for Didi, Huolala, etc., there will be many customers, which are related to the daily life of the people, and he defines himself as an intermediary, and cannot directly and effectively manage the platform of the first-line driver (etc.) Said that there needs to be safeguards to ensure the safety of the entire service and transaction.

On the one hand, as mentioned above, the in-vehicle monitoring system must be installed. The in-vehicle monitoring system can be used as an effective means of judging when disputes or accidents occur, and it can also supervise the performance of services by frontline drivers; on the other hand, corresponding The training should not go through the scene, it needs to be strictly carried out, emergency response training, simple first-aid skills training, these should be available, and can effectively avoid the occurrence of tragedies.

Conclusion: If the incident becomes a mystery, will imitators appear in the future?

Some people say: The result of the incident has not yet come out, and no one can draw a conclusion. Now everyone is pointing the finger at the driver involved, but what if the incident is reversed? Because the girl jumped out of the window, the driver dialed 120 and 110: 1. If the driver really wanted the girl and caused the girl to jump out of the window, if he didn’t call the police and was sent to the hospital, he would be judged to have escaped after the incident. The consequences would be It is very serious; 2. There may be some misunderstandings. The driver expects the victim to wake up and tell the story.

Indeed, in the face of the incident of “a 23-year-old girl who jumped out of the window and died while she was moving”, each of us has the right to comment and the right to silence. However, there are many questions about the incident, regardless of the girl at the time. Families are still followers, and they are undoubtedly waiting for a result and a truth.

Finally, if the incident becomes a mystery, it is undeniable that there will be no imitators in the future. Li Jinyan said that after this incident, there is a high probability that Huolala will install monitoring on the car. This time the impact of the incident is relatively large. If the rectification of Huolala is not in place, the Cyberspace Administration of China will interview Huolala.