A Study On The Rights, Duties And Responsibilities Of The Contract

Since reform and opening up, especially after entering the new century, along with the people material life level continuously improve, more and more families buy private cars, the total number of motor vehicles increasing year after year, on the other hand wine culture but also occupy a certain position in the traditional culture of our country a cultural symbol, as the saying goes, "no wine no seats", every vacation holiday table wine is the essential of "leading role", this will inevitably lead to people after dinner when driving, driving after drinking will emerge in endlessly. The amendment of the criminal law of the People’s Republic of China(eight) enacted in2011, since the drunk driving is not a simple from public security penalties but directly applicable punishments, dramatically reduce drunk driving behavior, but the contradiction between drinking and driving is not resolve, then "wine offspring driving" become the darling of people, coruscate gives new vitality in the unceasing development. Behind the vigorous development of the industry is now in our country in the aspect of law for this contract and the service did not have too much regulation,in practice between the parties not clear legal status, rights and obligations are difficult to distinguish, contract effectiveness are problematic, even cause cannot get effective safeguard the lawful rights and interests in the event of accidents.This writing is divided into five parts: the first part is the main content of wine offspring driving basic theory part of the contract, the wine offspring driving some types, and illustrates the legal nature of wine offspring driving; The second part combined with the present domestic about wine offspring driving status quo and problems of the provisions of the contract; The third part introduces and inspection experience and practice, Japanese, Korean, related laws, make reference and flexible use of practice in our country; The fourth part is to use the above draw inspiration,consummates our country wine offspring driving contract related legal advice, in order to the development of the industry in the future will be more specification,better provide the public services.