关键词: 替代责任, 适用范围, 法律关系, 从属性, 责任分配

Abstract: Delivery rider outsourcing prevails in the food-delivery business. After the contractor signs an agreement with the platform enterprise for the delivery business, the platform enterprise gets covered up with the algorithm in this special mode of outsourcing so as to avoid the legal liabilities it should bear, such as the vicarious liability stipulated in Article 1191 of the ${Civil}$ ${Code}$. In cases of outsourced delivery rider causing damage to a third party, both platform enterprises and contractors should be the subjects of vicarious liability considering their actual control of delivery riders if the court judges beyond the superficial characteristic of the outsourcing mode. However, platform enterprises and contractors have different degrees of control over the delivery riders, their vicarious liability should go with the different degree of control. In addition, the delivery rider is not exempt from his/her liability, and the platform enterprise and contractor are entitled to pursue recovery from the delivery rider when he/she commits gross negligence.

Key words: vicarious liability, scope of application, legal relations, procedure, distribution of responsibilities