A Study On Legal Regulation Of Drinking

The survey of WHO in 2008 showed that about 50%-60% of the traffic accidents were related to drunk driving. The statistics made by department of transportation showed that the amount of traffic accidents caused by drunk driving was a quarter of a million on average per year in China, resulting in approximately 50 thousand deaths and the direct economic losses was nearly 1.3 billion. More than 50% of the traffic accidents led to deaths were related to drunk driving and it had been listed as the main cause of death in a car accident. To reduce and eliminate drunk driving and decrease the losses of life and property caused by it, China published “Law of The People’s Republic of China on Road Traffic Safety” in 2004 and strengthened the punishment to drunk driving behavior; “Amendment(VIII) to the Criminal Law of the People’s Republic of China” considered and adopted by Standing Committee of the National People’s Congress was officially carried out on May 1,2001,then the behavior of “driving a motor vehicle in state of intoxication on road” was listed as the object of criminal law; the traffic department increased the efforts to investigate to drunken driving behavior; as the same time, atmosphere of “none drink-driving” created by the whole society was more and more prevails. All of the above factors had provided a good opportunity for the development of designated driving after driving. The earliest designated driving service appeared in Beijing in 2004, however, even it has developed more than 10 years, the industry in our country is still like a newborn, existing a lot of immature places, and it doesn’t form a standardized and unified market. Exploring the causes, first of all, designated driving industry lack of standard of market access currently and the industry subjects are uneven.; secondly, in the respect of the market regulation and legal norms, there is no clear supervision department while lack a unified industry norms and standards of service; In addition, because of the hysteresis of the law, the law of China hasn’t made the relevant provisions on the nature of the legal relationship between the main body involved in the car-driving for drunken customers and the subject of liability for damages after traffic accidents. When disputes exists in car-driving for drunken customers occur in reality, people don’t know how to settle the disputes because of there is no legal basis to refer to. Based on the above reasons, people are full of fear and doubt to designated driving after driving and it is difficult to obtain the trust of the public, so the development and growth of the industry is suppressed. Thus, the author tries to analyze the nature of the legal relationship between the main body involved in the car-driving for drunken customers and the subject of liability for damages after traffic accidents through literature research and case analysis, then putting forward my own opinions on legal regulation to the industry.This paper is divided into four chapters:The first chapter is the introduction, which briefly describes the background, significance, research status, structure and research methods of this thesis.The second chapter is the analysis of designated driving after driving industry and the basic theory of it,which mainly summarized the general situation of the industry and the status of legal norms, and pointed out the problems existing in the industry and legal regulation. As the same time, expounds the concept of designated driving after driving, and basic rights and obligations between the related subjects of different types.The third chapter is the analysis of the cases and legal problems. The author analyzes the legal relationships in different types of car-driving for drunken customers(including private car-driving, professional company car-driving and service agencies car-driving for drunken customers) and responsibility subject who undertake relevant property and damage compensation via case studies.The fourth chapter is the suggestions for the industry and legal regulation. On the basis of the above research and the relevant reference experience from Japan and South Korea, the author puts forward her own suggestions for industry and legal regulation.