| Many people have designated a driver after drinking to avoid severe punishments since China carries on Road Safety Act. The emergence of designated driving is not accidental, but an inevitable result of social development. Drinking is very popular in China, which is inescapable on holiday, at buddy party and during commercial intercourse.Along with economic and social development, people buy cars which become the most common means of transportation to improve the quality of life, which results in the rise of automobile consumption.According to the survey, about60%of traffic accidents related to drink driving. The accidents caused by drink driving and drunken driving keeps increasing in China.50%of the traffic accidents lead to deaths related to driving under the influence of alcohol. The first killer of roads causes widespread social contradictions.Road Safety Act has implemented9years, and simple economic or administrative detention punishment can not deter drivers from drunk driving."Criminal law amendment (eight)" has treated drunk driving as a crime since May1,2011, so designated driving after drinking has to fire when wine culture encounters legal penalty.New things requires a long process of development, and designated driving is no exception. At present the industry laws and regulations on designated driving in China are not perfect, the industry is lacking in unified service standards and supervision mechanisms, and the qualities of designated driver is different, so the lawsuits caused by the designated driving is growing.The paper quotes accident cases to analyze the legal attributes of designated driving after driving, to discuss its efficacy and to discern the legal responsibility of the every subject. It discusses legal problems existed in designated driving after driving in three chapters. The first chapter overviews the case and puts forward the focus issues; the second chapter analyzes the focus issues, including legal acts of parties, the ground of solving disputes and commitment responsibilities; the third chapter is thinking raised by the cases:put forward constraints of designated driving and offering proposals for the services of it.Through the above discussion, the paper analyzes the application of law of contracts on designated driving after drinking, the responsibilities of accidents caused by it and the situation of the industry in China, in the hope of making contributions for the development of designated driving after driving. |
