“网约车”行业的兴起基于共享经济理念,依托于互联网技术,通过让渡个人闲置私家车的使用权获取相应的报酬。作为新型的商业模式,其中最突出的问题是如何界定并规范司机与网约车平台的劳动用工关系。通过剖析网约车平台的服务产品结构,有针对性地分析二者之间用工关系,若一概认定为劳动关系则会扼杀网约车行业的发展。 “Network to the car ” The rise of the industry based on the concept of shared economy, relying on Internet technology, by allowing individuals to idle private car access to obtain the corresponding remuneration. As the new type of business model, the most prominent issue is how to define and standardize the labor and employment relationship between the driver and the network about the car platform. By analyzing the service product structure of the network about car platform, targeted analysis of the employment relationship between the two, if identified as a labor relationship will kill the network about the development of the car industry.