On Behalf Of The Responsibility Of The Subject Of Research

In recent years, with the rapid projection of driving industry, Drive-home service has caused more and more disputes. How to deal with the damages? Different courts have different judgments. According to the Pudong New District Court, in the paid drive-home service, the driving people enjoy the benefits of the operation of the motor vehicles and operation of domination, when the motor vehicle caused damage to the third party, the victim should apply for Article 49 of the "tort law". However, in the book which named "guidance and reference" written by the Supreme Court, it listed a case of an unpaid driving. The original jurisdiction thought that the driving people enjoys the operation control and operation interest, so it should apply for the article 49 of "tort law". But in the retrial, the court changed the judgment. It considered the difference between the paid driving and the free driving. The free driver sent home under the will of the owner of the vehicle. so that the operation of the interests should belong to the owner. At the same time, the operation control should also belong to the owner. In a word, the free driving should not be applied for the Article 49 of "tort law".The court ruled on drive-home service is contradictory. In paid driving and free driving whether the driving people should be the user of motor vehicle, whether they enjoy the operation control and operation interests are treated differently. In addition, whether the behavior of driving people belongs to the separation of user of motor vehicles and owner of motor vehicle is still doubt. So this article tried to clarify the relationship of the parties, the responsibility in drive-home service.Drive-home service can be divided into different types. Whether Internet driving platform or a traditional drive-home service, a legal relationship is formed between the company and the designated driver once the contract is made. Whether paid driving or free driving, drive-home service is not included in article 49 of the tort law. As for the determination of his liability, we should apply for the article 48 of the motor vehicle party. The differences between paid driving and free driving are just driving service charge, and it doesn’t affect the nature of the drive-home service. The essence of drive-home service is that the designated driver controls the risk of car, and enjoys the right to control vehicles.Upon the confirmation that the designated driver belongs to the “the party of motor vehicle”, we will face the concurrence of legal liability. This paper studied the problems of the concurrence of liability for compensation, and analyzed several kinds of current theories of the concurrence of compensation liability, In this paper, it inclined to claim that the rights influences each other. Because it solved the conflict of invisible problem, denied the isolated solution. Therefore, in the paid driving, we can choose one to exercise, the liability shall be taken by the driver ultimately. And if the owner has fault, he should bear the responsibility. In the generation of free driving, according to the legislative purpose, the standard of interest measure, it should be decided for unpaid labor responsibilities, the person who was helped should be responsible for the issue.