On The Nature And The Liability Of The Compensated Substitute Driving For Drinkers

The Chinese advocated the culture of wine since ancient times. When we eat out, no wine no gladness. When entertaining guests have a meal, we often say that no wine, no banquet. You can see everywhere in the restaurant and the pub that people toast all around, drinking, talking and laughing. However, when the wine and the car once linked, it is no longer good but means dangerous. According to statistics, more than half of the traffic accidents in China are caused by drunk driving. According to the law introduced since May1,2011, anybody guilty of drunk driving would be severely punished, which has dramatically reduced cases of drunk driving and the traffic accidents. In the same time, a new industry is gradually coming into our view, which called "Substitute Driving for Drinkers". The so-called substitute driving for drinkers, just as the name implies that one person who has the driving license drives the drinkers’car and sends the drinker to the specified location. The drinker needed to pay for the service sometimes. But if this service is supplied by the drinker’s friends, public organizations or government departments, it is often free.The topic of this article is compensated substitute driving for drinkers. It means the drinker gives the professional driver some reward and the driver drives the drinker’s car sending him and his’car to the agreed place. This process relates the professional driver and the drinker. Sometimes it also involves the substitute driving company, the restaurant and other units. If the traffic accident happens during the driving process, it may involve the third party. Specifically, the compensated substitute driving for drinkers involves the relationship of the driver and the drinker, the drinker’ ecurity of his life and property, how to undertake the responsibility when the traffic accidents arise and many other situations. There are many disputes in practice. This thesis aims to study the nature and the liability of the compensated substitute driving for drinkers, through some typical cases. This article is divided into four parts. The first part is an overview of the compensated substitute driving for drinkers. Since the theoretical didn’t give a uniform definition for the substitute driving for drinkers, the first part of this article tries to define it. Then this part introduces the three types of substitute driving for drinkers. The second part is the research of the nature and the liability of the compensated substitute driving supplied by the specialized company. The key point of this part is the nature of the contract signed between the company and the drinker. The third part is the analysis of the substitute driving supplied by the restaurant. Substitute driving isn’t the restaurant’s major business. But it has its advantages to do that. The fourth part is to discuss the issues of personal substitute driving. It is the earliest type of substitute driving and called "black driver", because they don’t have units and the business qualification, which occurs the disputes most frequently.