Source: Rule of Law Daily

Author: Wen Lijuan, Zheng Ting

Recently,#<<<违 illegal overtaking causes death#<<<<<.The Beijing Traffic Management Department disclosed that when a takeaway was driving a section in Xicheng District, he hit a pedestrian crossing the road. After being sent to the hospital, the pedestrians died of ineffective rescue.At the time of the incident, there were many faults in the occasion of the out of the incident, and there were many faults.

In this regard, many netizens left a message saying that in life, traffic violations such as red lights, retrograde, and speeding of takeaway riders have been commonplace, which has seriously affected traffic order and urgently need to be remedied.Public reports show that the traffic accidents caused by traffic violations and even dead accidents caused by traffic violations are also common.

Why did the takeaway ride on the road "life"?How to solve this chaos?In response, the reporter conducted an investigation and interview.

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"The riders often staged a speed of life and death when sending takeaway, and we can't stop it at all." Said Wang Li, a traffic persuasion in the crossroads of a crossroads in Chaoyang District, Beijing.Every day at noon and evening peak hours, Wang Li can always see many takeaway rides "pass by" from the eyes -whether the red light or green light; I have also seen many takeaway riders who have had a traffic accident.

Rider Guo Kun is one of the "super -speed experts". He admitted to the reporter of the rule of law: During the delivery process, he ran through red lights twice and retrograde three times."Of course, I know that this is not safe, but if I don't do this, I can't send it on time. If the delivery timeout, the deducted money is more than that of earnings." He said, "I did a rider, which one has not passed through the red light,Which one does not exceed? "

With the development of the Internet food order industry, takeaway delivery is becoming more and more convenient for people's lives. However, at the same time, the pursuit of speed has caused riders to ignore traffic regulations, and the incidence of accidents is high.Recently, the reporter visited multiple crossroads in Beijing and found that the takeaway riders were prominent in traffic violations such as red lights, reverse driving, and speeding. Some riders still had distracted driving behaviors such as watching mobile phones and answering calls during driving.

Riding the intersection of the red light super speed retrograde is extremely common

At 6 pm on July 17, the peak period of the takeaway rider's meal.In a cross -crossing intersection connecting the mall and many writing buildings, and the residential building in Chaoyang District, Beijing, the reporter observed that more than 70 riders passed through the intersection in 30 minutes, among which 35 people were retrograde, obliquely penetrating the road, and a red light.

There are many restaurants around the intersection. Dozens of takeaway electric vehicles are full of sidewalks. Pedestrians can only walk along the road.After the riders received the order and took the meal, they drove directly into the road along the sidewalk.

I saw that a few riders looked at the left side and saw that the car had a distance from himself, so he drove to the side of the road and rushed across the road, completely ignored the warning of the red light;There are many and fast speeds. The riders stopped, some took out their mobile phones to look down on the information, some lying on the electric vehicle and waiting, while others were always observed. Once there was a "vacant", they immediately increased their horsepower "sprint""past.

Guo Kun often takes out in this area, with a distribution radius of up to 5 kilometers, and the delivery time of an order ranges from 30 to 60 minutes.He told reporters that a rider may have six or seven orders at the same time at the peak of the meal delivery, and the delivery time is almost overlapping. If you do n’t want to overtime, you can only reduce the delivery time of each order as much as possible.The system will provide a route navigation for each order, but the delivery time is calculated based on the shortest route. Some shortest routes even include retrograde sections.If it is not retrograde and not speed, it is impossible to send it on time every order.

Once the order is out of time, the price is high: According to the timeout period, the deduction of a certain percentage of distribution fees, sometimes the deduction ratio is as high as 70%."Everyone has to earn hard money and have to be happy." Guo Kun said.

Zhang Yi, who is engaged in security work in Beijing, will be a part -time rider during the holidays."I definitely want to give a few more orders and make more money." He said that the maximum speed of the national standard electric vehicle is only 25 yards. You can only get two to three orders at most once.It is necessary to take the risk to modify the electric vehicle. In order not to take time, you must always stare at the time during the delivery process, and it is inevitable that the red light and retrograde are inevitable.

Especially on the most "explosive" rainy days, riders often have to appease the anxious customers while catching the road.Once we caught up with heavy rainy days, the customer got the order for about an hour, and Zhang Yi received the order. After receiving the order, the customer immediately called him and asked why the order was not delivered for one hour.In fact, the rider's delivery time is calculated from the receipt.

"It is not easy to walk on the rainy road, the speed is 20 yards, the brake is easy to slip, fall, and the rain affects the sight, so the delivery time is more president than the sunny day." Zhang Yi said.

Luo Yu, a part -time rider from Guangzhou, is facing the same dilemma.He only runs for three or four hours a day, concentrated on lunch and dinner time, with an average of more than a dozen orders a day.Although there is a timeout risk, Luo Yu still hopes to pick up more, because more orders mean that there is money to make money.When there are more orders in their hands, it has become a commonplace for him to run a red light and retrograde.

The number of traffic accidents is difficult to obtain the rights and interests of both parties

The rider's speeding, retrograde, and red lights have led to rising the number of traffic accidents.

According to the staff of the Changsha Transportation accident treatment center in Hunan, a large part of the traffic accident involves takeaway rider. In most cases, it is a red light and driving in the opposite direction. Especially when riding, the phenomenon of mobile phones is more common.In recent years, the traffic accident rate of takeaway riders has risen.

Wang Li has seen many rides during the duty accident. "Especially at the crossroads, the traffic accident rate is higher."

On the evening of August 1st, the sky was raining. The reporter witnessed a traffic accident in a community in Chaoyang District, Beijing: a takeaway rider was wearing a raincoat and a rain hat half -covered.He didn't notice passers -by walking ahead. After he reacted, he turned quickly, the electric vehicle slid directly, and the takeaway in the thermal insulation box was sprinkled.

For riders, once an accident occurs, compensation is often difficult to achieve.

Liu Lin, who was a riding in Beijing, was injured by a car when he was sent takeaway, leaving a 5 cm scar on the outside of his arm."The driver has insurance, and the insurance company asked me to provide an income certificate to calculate the misrepresented labor fee. My monthly income at that time was 10,000 yuan (RMB, the same, the same, S $ 1878). When the platform was found to open the income certificate, the platform said that this was with them.It doesn't matter, the insurance company is paid based on the minimum wage standard. "

Equipment cannot be guaranteed, and there are passers -by who is injured by takeaway riders.

Beijing photographer Wang Pingping was injured by a takeaway rider on his way.After the accident, the traffic police determined that the rider assumed all the responsibility of the accident, but the rider could not afford it, so he found a platform company, but the other party took the responsibility to do it.Fart in a little bit. "

A variety of factors lead to chaos platform algorithm to be improved

"Fate" for the reason for fast, many interviewed riders mentioned that on the one hand, they make more money to receive more orders, on the other hand, for the platform performance assessment and avoiding timeout.

The reporter learned that most of the current takeaway platforms are promoted by pity salary. The rider's income mainly comes from the "running single volume" commission. The more orders, the more you earn.In addition, the identity level of the rider depends on the "bee value" of the rider, and the "bee value" is calculated by multiple dimensions such as attendance rate, receiving single volume, response rate, and praise rate.The more single quantity.The riders desperately run the single guarantee data and fight for the "bee value",Because it is closely related to income.

Wu Jie is the webmaster of Shandong Tai'an Station on a takeaway platform outsourcing.He told reporters that takeaway platforms are usually only responsible for the production of merchants settled in order to generate orders, distribution services outsourcing to various distribution companies, and then providing distribution services from local sites below each distribution company.

"The reward and punishment system of different distribution companies is basically similar, but the calculation rules are different. For example, the average unit price of Shandong region is 4 yuan. Based on this, the reward and punishment system is relatively loose.More stricter. The most important thing is the time rate, satisfaction rate, violation rate, and attendance rate. "Wu Jie said.

Night subsidies, etc.; Part -time rides mainly include order fees, various platform activities such as "old belt new" and "rush awards". Other subsidies mainly depend on the wishes of the merchant. If a order has not received orders for a long time, merchants will improveunit price.

The reporter learned from Wu Jie that for the full -time rider, a fixed 4 yuan distribution fee per order, if it exceeded the distribution range of 1 km subsidy 1 yuan, beyond the distribution range of two kilometers of subsidies 1.5 yuan.If a severe timeout (refers to more than 30 minutes of order delivery time), a fine of 5 yuan per single.For a part -time rider, 3 minutes off 3 minutes to deduct 20%of the delivery fee and 50%deduction for more than 3 minutes.

"Regarding complaints and bad reviews, if the full -time rider encounters such a situation, it is either negotiated with customers, or you can only accept fines." Wu Jie said, "Part -time rider deducts personal reputation according to the situation.It is forbidden to receive orders from time to time, and you need to answer questions online to restore the authority permissions. For more severe cases, permanent names. "

There are also riders proposed that the platform's journey capacity has many unreasonable places, such as the delivery time is calculated based on the distance.Determine and measure.

Zhang Yi is most afraid of sending takeaway to the community or high -end communities that are being transformed. Such orders are the easiest timeout. The vehicles cannot enter.Inquire and ask the customer to inquire.On one occasion, because he couldn't find the address for a while, he couldn't contact the customer. It took 20 minutes to send the order to the order. At this time, there was no time to leave the next order.

Dong Laichao, a lawyer of traffic legal practice and director of Beijing Kaia Law Firm, has been paying attention to the rights and interests of takeaway riders for a long time.Platform single mode and algorithm are important reasons.

"Some platforms distribution models are unreasonable and the cost of deduction is too high. The monthly income of the takeaway riders is basically relying on the delivery fee commission.30 orders, rider can earn 150 yuan; but if timeout, the rider will usually be deducted from a certain percentage of distribution fees; if the customer refund the bill, the rider needs to bear all the loss. "Dong Laichao said, in addition, some platform algorithms are single, calculating the pre -calculation pre -calculationIt is estimated that the arrival time is too short, and the rider can only run for his life.

"Even some platforms In order to appease the user, the rider displayed on the user's mobile phone is different from the arrival time displayed on the riders' mobile phone.Take a bad review, you must fly on the road. "Dong Laichao said, in addition, some merchants who provided takeaway were slow to eat meals, and" meals are completed "without meals, resulting in the long -term waiting time, the time on the road, the time on the road, the time on the road, the time on the roadSqueezed.

Unlocked supervision and governance chaos holding a certificate is urgent

In April this year, the General Administration of Market Supervision, the National Internet Information Office, and the National Development and Reform Commission jointly issued the guidance on implementing the responsibility of the online catering platform to effectively safeguard the rights and interests of the delivery staff.The assessment requirements can reasonably determine the assessment elements such as the number of orders, time, and online rates through "algorithm collection" and other methods, and appropriately relax the delivery time limit.The online catering platform and third -party cooperation units shall participate in social insurance for take -out food delivery staff who establish labor relations in accordance with the law and encourage other takeaway food delivery staff to participate in social insurance.

Reporter observed a takeaway platform and found that its pilot changed the "expected delivery time point" to "expected delivery time period", and set up "time treasure" to guarantee the delivery time of order.Internal delivery, the platform will pay the corresponding amount according to the time.However, the ordering page on the riding side still shows how many minutes are required to be delivered, with strict time limit.However, the rider can extend the delivery time by reporting to the merchant for a meal, and the delivery time is calculated from receiving the order.

The contradiction between the "speed reduction" and "income" of the take -out rider is imminent.

A number of experts interviewed and industry insiders proposed that the control of the traffic violations of takeaway riders is inseparable from the linkage supervision. One is the supervision of the platform, and the second is the supervision of the riders.

Dong Laichao recommends the platform to adjust the assessment rules and optimize algorithms.At present, many takeaway platforms have not established a set of mechanisms for inspiring takeaway riders to reduce traffic violations, such as rewards for takeaway riders who have not occurred in traffic violations; they can make full use of big data intelligent analysis, formulate standards, and take the time of traffic congestion spending from from the time.Remove the rider's assessment, and at the same time unreasonable bad evaluation is not considered.

"In addition, the legal relationship between the platform and the riding also needs to be clarified. At present, the management subject between riders and platform companies is not clear, and there are complex social management models, such as specialized mode, labor dispatch mode, crowdsourcing mode, Individual models, agency models, etc., which leads to lax management. Therefore, the legislation is needed to clearly clarify the management subject. When the rights and interests of the rider or the platform company are damaged, you can get social reliefs with reasonable and law. "Dong Laichao said.

In his opinion, the setting system for the strict take -out riding industry is urgent, and it is recommended that the rider holds a certificate.For example, determine a social management subject to train the rider. After the training is over, hold a certificate, and evaluate the rider each year. If the traffic violations reach a certain number of times, the year will not be passed the next year, and effective supervision will be formed through source management.

Liu Wei, a partner of Beijing Senchi Law Firm, also proposed that the platform should try to make the economic benefits of corporate economic benefits, rider's income and security balance through optimizing algorithm design and other measures.

"The platform's dissatisfaction with customers, how to deal with complaints? Does it simply punish the rider, or solve it through other channels, and need to think more to avoid excessive pressure on the rider while meeting the customer's requirements.The situation is desperate to speed up the order. "Liu Wei said.He also suggested that relevant departments can urge the platform to establish and improve the demands of takeaway riders to reflect channels and procedures through irregular inspections, such as simplifying procedures and shortening processes.The feedback time should be controlled within 24 hours to resolve contradictions in time.

(the parties in the text are a pseudonym)