The Civil Liability Analysis Of Drink Drive Behalf

As a new industry the emergence of the drink-generation on driving is not accidental; it is theinevitable result of social development. Nowadays grew weaker and weaker social interaction betweenpeople, people express their feelings most of them will choose the party to drink, drink what extent dependson how deep your feelings. Friends and family gatherings, commercial negotiations can not be separatedfrom the wine; one to summer that people love to drink iced beer to quench their thirst; as Petty family,from time to time will drink red wine to show his high-profile and elegant. Wine becomes indispensable inpeople’s lives. At the same time, drink and make trouble in more and more. In response to this situation,today’s popular word "wine is the food fine drink more nerve Indeed, the reception paralysis of the nervous,so that people become muddled thinking. With the development of society, people’s living standards aregetting higher and higher, the number of private cars is growing, and private cars will gradually become themeans of transport of people traveling. Contradiction, people love to drink wine, drink and muddledthinking, and then drive is likely to be a traffic accident. China due to the number of traffic fatalities eachyear up to10million and showed a rising rate, and are accompanied by more loss of property. In order tostandardize the behavior of people drink driving, China has implemented the road traffic safety "and"criminal law amendment (8)", these laws and regulations for the implementation of the wine in theindustry’s future generations is creating a condition, wine industry was born in offspring. But a new thing tothe development of all need to experience a long and tortuous process, wine in future generations is not anexception, it needs to have the right obligation of clear ownership and perfect system and follow up.Therefore, Assume from the civil law civil liability point of view to analyze clear the main responsibility ofthe problem, make the wine in the industry offspring better adapt to our market, and better services to us,maintain social public security order and security people of family life of peace and happiness. For ourcountry to drive the development of wine offspring industry provides some Suggestions.In this paper, four parts deal with the drink on behalf of the emperor’s civil liability.The first part discusses the drink on behalf of the emperor’s civil liability. Discusses the drink onbehalf of the emperor’s civil liability, should be explained clearly, what is the drink-driving on behalf of, Why would drink substitute for driving. Drink-generation driving causes, talk about two aspects of the wineand cars. The first China’s wine culture has a long history, the production of wine country, is also theconsumption of wine country, wine in our country has become a cultural; Second, with China’s rapideconomic development, people’s living standard is getting higher and higher, the number of private cars onthe rise, with cars and has a luxury car has become a symbol of the people tasting the identity of, but whenthis two conflict occurs when the social order and the threat to people’s personal and property safetybehavior, in order to better regulate this conflict, the drink-generation drive this industry came into being.The second part analyzes the drink-generation driving the qualification of civil subject. The civilliability must be civil entities in breach of contract or breach of other legal requirements must be fulfilledcivil obligations. See from the concept of civil liability to the principal. This part of the author, the maindrink substitute for driving the main qualification for analysis, on the one hand, production andquasi-interdiction production system and a case study of the common law system requires inductiveapplication of civil law interdicted obtained China should be how to identify the main qualifications ofdrunken owners, on the other hand their main qualification for a different generation of driving the mainanalysis.The third part analyzes the drink-generation driving contract. Drink on behalf of the emperor’s civilliability based on contract, breach of contract. This part First, analysis of the nature of the problem ofidentification of the different subjects of drink driving on behalf of contracts signed Most of the scholarsnow debate between the two views the employment relationship and contract relations, said in this articlethe author draws on more than the two doctrines in favor of the contract relationship and discusses hisviews. Second, the effectiveness of the contract signed between the main body is effective or may berevoked or effect to be determined, depending on the owners of the main qualifications, the owners signedon behalf of wine before driving contract as valid, drink owners I signed on behalf of driving contract forthe effect to be determined, the owners drink a sober companion sign on behalf of, without prejudice to theinterests of owners on behalf of the driving contract as valid.Specific analysis of the fourth part of the driving process of the drink on behalf of the generation ofdriving accident, the responsibility for the accident how to bear, the question of who will bear. This part of the author through the main grouped into two categories for analysis: one is paid in case of responsibility,and the other is the responsibility under the free sex.