Civil Ptotection Of Vehicle Affiliating Operation

In recent years, Chinese road transport market widespread affiliating operation mode, the development of national laws and regulations does not support this kind of mode, leading to a large number of disputes. Looking from the Chinese court judgment in2012, the vehicle linked business contract disputes had396, disputes on compensation for traffic accident damage reached had517, a big part of the cases have occurred in nanning. Therefore, the author thinks, the current vehicle affiliating operation still have many contradictions, the reason is mainly due to the current private business increasingly fierce competition in the market, resulting in the pursuit of profit and illegal driving, affiliated companies in order to collect management fees and ignore the vehicle management. But the deeper reason is the lack of vehicles linked related laws and regulations management, bear did not make clear provisions on the rights and obligations of affiliating party and affiliated party, the lack of supervision vehicles is the fundamental causes of the situation. In this paper, the research of vehicle affilicating model is mainly from the affiliated to the liability for breach of contract, the protection of the rights and hired driver of ascertain the subject of liability three aspects to analyze this kind of management mode, through changes in three aspects of the system, the link between the interests of all parties in the civil law protection of the obtained sufficient. Finally, the last three parts of this paper are the focus of this discussion.The first part introduces the concept and characteristics of management in the vehicle affiliating, analyzes the relation and difference between the affiliated relationship and contract and agency relationship. At the same time, the paper introduces the evolution of the legislation of affiliated business model, analysis of the shortcomings of this mode.The second part is on the parties affiliated contract assume responsibility for the breach of contract confirmation. The author introduces the current situation of the complex contract, to list the representative views. The author thinks, we should stand in the contract effectiveness of mandatory perspective, analysis of the contract is in violation of laws and regulations as well as the social and public interests, otherwise, too much to deny the validity of the contract will affect the meaning representation. In addition the author from three kind of breach of contract and liability relationship mode of analysis, to determine the most suitable link contract liability, are defined and the scope of damages.The third part is the reflection on the private business of employed driver and affilicating relations and affiliated party, should be employed driver into the industrial injury insurance system range, not only ease the affiliated party liability, also can make the driver damage fully relief.The fourth part is to affirm the link traffic accident damage compensation liability. The first part introduces the current judicial authority in the affiliated vehicles traffic accident damage compensation liability of the status quo, analysis of its problems. The author thinks that the affiliated party shall bear supplementary liability, not only can protect the injured third people, is also in line with the principle of fairness, protection of the affiliated party interests.