The Problem Of Tort Liability In Wine Offspring Driving Research

Road traffic accidents is an important issue in the current society. According to China’s Ministry of Public Security statistics, the number of deaths due to traffic accidents every year in China amounted to about100,000, while annual growth rate of about10%, property damage caused each year by about$1.2billion. Drinking and driving, drunken driving, has become the culprit of the cause accidents. With the laws and regulations to crack down on drunk driving and regulation, coupled with drunken driving, a better understanding of the tragedy, making the drive motor vehicles on behalf of the family more than a new member-the drink-generation drive. Drink and ride quietly rising in reducing drink-driving, maintenance of public transport safety and order, protect people’s lives and property has played a good role, but due to the lag of the laws and regulations, this emerging industry is also facing a series of embarrassing situation:the rules are not uniform, immature market, inadequate laws and regulations, especially the provisions of the substitute for driving in the accident is not clear, causing a lot of problems.At present, the generation of driving of the motor vehicle, a new operation of motor vehicles. Substitute for driving the type of generation of drink-driving, traveling on behalf of driving, wedding substitute for driving the business on behalf of driving, driving long-distance-generation."On behalf of motor vehicle driving services, is an emerging industry, the current laws and regulations to regulate this industry, industry status is a bit confusing. Earlier media reports said the "three noes" can be described as a true portrayal of the current generation of drive industry:No unit in charge, without access threshold, no uniform standard. But it also is a special case of phase separation of the motor vehicle "and" everyone ". In the absence of laws and regulations, resulting in tort liability problem of generation of driving road is also more difficult to solve. The same time, the absence of clear legal provisions, a great deal of inconvenience to the judicial practice, but also to the infringement of human rights to bring a great deal of difficulties and obstacles. On the basis of existing laws and regulations, as well as theory, how to define clearly the motor vehicle on behalf of the emperor’s infringement, the responsibility of the main driving motor vehicles on behalf of the nature, characteristics, types of tort, in the final is the principle of accountability analysis of the system, has some practical significance.This paper from the three parts, Part I:Overview of drink driving on behalf of the nature and basic concepts, Part II:from the drink-driving on behalf of the type and nature of the contract to explore, to clarify the relationship of the parties to the legal drink-generation drive; Part III:on the basis of a clear legal relationship of the parties, after drink-generation driving infringement, the allocation of tort liability and commitment to be elaborated to address the core issue of drink-generation drive traffic infringement accident.