Legal Analysis Of Dirve-home Service

In recent years. An upsurge in accidents of drunk driving has caused a greatdamage to the broad masses of the people in their lives and property and more furtherintensified social contradictions. The rise of the designated driving service makesthings convenient for the jingler and decreases the drunk driving accidents, thusprotecting the legitimate rights and interests of broad masses of the people. However,due to the lack of understanding,the imperfection of the relevant laws and regulationsand the poor supervision in our country, the auguries of this fledging industry-designated driving service look gloomy.In order to analyze and solve practical problems, through analyzing the natureand the legal validity of the designated driving contract, the author concluded thatdrive service suppliers vary in nature of the contracts and responsibilities.The thesis includes four parts. The first part is mainly a brief introduction todomestic and foreign designated driving industry, which mainly discusses the conceptand types of the designated driving. Through concrete analysis, this article definedesignated driving as a Juristic Act that the driver delivers the car and its drunk ownerto a destination. Designated driving can be divided into for value and gratuitous.Designated driving for value can be provided by specializing driving service company,individual, cater establishment such as hotel and car rental and leasing corporation.Through introducing a various of designated driving subjects, combining withsome cases, the author concluded that driving service subjects vary in nature of thecontracts and responsibilities. The nature of designated driving provided byspecializing driving service company is contract of hired work, the treatment of theresulting liability shall be handled with reference to contract of hired work. The natureof personal designated driving for value is contract of employment, resulting disputeshall be handled with reference to employment contract. Designated driving providedby hotel and other service mechanism is actually a component part of consumercontract; the nature of gratuitous designated driving is gratuitous contract of bailment.In the third part, the author discussed the insurance problem designated drivinginvolved. At the first, the author analyzed the rules of insurance applied to designateddriving accident, and then analyzed the right of subrogation of the insurance company.In the forth part,elaborate foreign designated driving behavior,analysisintoxicated persons’contractal capacity and responsibility.In the last part of the paper,I think we must establish strict market accessmechanism and improve the supervisim of government departments,at the sametime,in order to better protect consumer’legitimate rights and interests,weneed to perfect to driving for jingler contract.Secondly,designateddriving for jingler is an emerging industry,government regulators shouldintegrate business entities and develop a clear industry standards.At thesame time,we can establish insurance benefits to protect the legitimaterights and intersts of the parties.At last,we can through constantpropaganda to make pepole understand and accept this development.