The Analysis Of Legal Issues In Substitute Driving

Substitute driving refers to the situation that people drive for the owner or manager of motor vehicles to deliver a service or offer assistance. It is new in recent years in China and still in an early stage both in academic and judicial fields. Therefore, this paper aims at studying the legal character of substitute driving, in order to explicit rights and obligations of both parties in substitute driving, to determine who should take the responsibility in case of disputes, and to give the author’s measures and suggestions on how to standard this industry, In addition to the introduction and conclusion, this paper includes following parts.The first part of this paper analyses and summarizes problems existing in substitute driving from relevant cases, including lacking of criterion in this industry, unclear rights and obligations among parties, and without solution while facing disputes.The second part of this paper classifies substitute driving theoretically. It is classified into two categories, paid substitute driving and free substitute driving. The legal characters are discussed and defined respectively. The author of this paper’s opinion is that paid substitute driving is the service contract, and free substitute driving is voluntary work. Based on it, rights and obligations of both parties in both situations are clear, and the responsibility taker is for sure. Furthermore, the situation of damage to other people is discussed, too.The third part give suggestions on how to solve the existing problems in substitute driving, including improving relevant legislation, establishing the guild and its management system, and learning experiences from other countries.