Contracts And Civil Liability Of Drunk Driving On Behalf

Since the implement of 《the Law on Road Traffic Safety》in2004which hasimproved punitive standards for drunk driving，designated driving service for drinker hasgenerated．Over the past nine years，it provides a relative safe choice for drunk drivers，perfectly maintaining the city ’s traffic order．However，during the nine years，the industryhas experienced ups and downs．So far，it has not formed a mature and standardizedmarket．The main problems for the designated driving industry are：the nature ofdesignated driver for drinker contract is controversial；validity of the contract is notdefinite when drinker sign it under the condition of unconsciousness；the compensationliabilities for traffic accident in the course of designated driving service is not clear anddefinite．The main reasons are the blank of laws and regulations，the lack of regulation ofthe industry，the dispute settlement mechanism is not perfect．Therefore，it is difficult toobtain the trust of customers．The thesis analysis all the problems above one by one．Inorder to provide some available suggestions to solve the conflict among the relativesubjects，the writer research some related theories，aiming at defining the related legalissues of contract and defining the compensation liabilities for traffic accident．This article consists of foreword，main body and conclusion．The text is divided intothe following four parts：The first part mainly introduces the development status of designated drivingindustry，development bottleneck and the specific types．As the length of the article islimited，this article mainly discusses related problems about the service from professionaldesignated driving service company．The second part mainly discusses the nature of designated driver for drinkercontract．For the controversial understanding on the nature of the contract，main pointsfocus on：commission contract，employment contract，work contract and so on．Bycomparative and detailed elaboration，designated driver for drinker contract has somecommon features but it is essentially distinct from these contracts in subject，object andcontent，so it should be an independent non-typical contract．The third part mainly discusses the legal validity of the contract when drinker sign itunder the condition of unconsciousness．Because of gaps in domestic legislation，we candraw on the experience of the classification method from 《German Civil Code》andmedical knowledge．Physiological drunk people in acute intoxication is our main research object．The designated driver for drinker contract they signed belong to the necessities ofthe contract．its validity can be effective or may be revoked，depending on the transactionprice is reasonable and the opposite party is in good intentions．The fourth part mainly analyze how to define the compensation liabilities for trafficaccident in the course of designated driving service．The article research identificationstandard and basic theories on subject of the compensation liabilities for traffic accident，and combine with the status of legislation and the actual situation of our country，in orderto define the compensation liabilities for personal injury and property damage among theopposite party，the drunk and the designated drivers．I hope to provide some usefulsuggestions for the judicial practice．...