Analysis Of The Nature And Legal Responsibility On Behalf Driving Contract

On behalf of driving is a product of the economic prosperity and development of thesocialist market，The rise of the industry reflects the people’s demand for driving services onbehalf. However, due to the lag of the law, Our current "Contract Law" has no clearly definedon the nature of driving on behalf of the contract, the rights and obligations of both the bodyand responsibility. Driving behavior on behalf of any other law for the legal regulationremains blank. This has resulted in people driving services on behalf of the needs and drivingservices on behalf difficult to resolve conflicts and disputes arising. Based on this, the authoruse comparative analysis and case series analysis, from the nature of the contract on behalf ofidentified studies starting driving, based on solving real-life driving on behalf of of lawapplicable to contractual issues. The purpose of this paper is to guarantee thefull relief was driving on behalf of people’s personal and property safety, security iscompromised in the generation services in the process of third people, with the developmentof legal regulation also drive the service industry for the generation, safeguard the stabilityand prosperity of the industry development.This paper is divided into three parts.The first part, on behalf of the driving concepts and legal relationships, the generation ofdriving is defined as: When the owners objective "can not" or subjective "do not want" is thedestination drive themselves, the owner of the provisional let others drive their own vehiclesor management intentions, and require the driver to conduct their own safety to reach thedestination and vehicle behalf. From driving on behalf of the body, whether the charges,driving services on behalf of three aspects discussed classification driving on behalf of theservice; generations to enjoy driving behavior driving services on behalf of the party as beingon behalf of the person driving, driving services provided on behalf of the party was drivingon behalf of people. According to the contract to produce the ultimate goal of driving onbehalf of---driving on behalf of people who will be driving his vehicle on behalf of thesecurity service of the destination, driving on behalf of the principal obligation draw peopledriving on behalf of the contract is to protect the safety of life and the body from the owners damage to a vehicle and property intact, and was driving on behalf of people driving on behalfof human driving behavior on behalf of the supervisory authority and the obligation to paycompensation.The second part, on behalf of the case and the issues driving Perspectives. This part ofthe author to provide driving services on behalf of different subjects, respectively, citespersonal driving services on behalf of a dispute cases, hotels and entertainment venues toprovide driving services on behalf of a dispute case, driving on behalf of the company toprovide driving services on behalf of a dispute cases; For individuals chauffeur Drivedisputes the author cites paid on behalf of individual drivers driving case and Friendskindness favors free driving on behalf of infringement caused by default and results; forhotels and entertainment venues offer driving services on behalf of a dispute case, the authorcites the hotel and entertainment services and provides direct driving on behalf of third partieson behalf of the commission as an intermediary for the driving services and driving on behalfof parties and was driving on behalf of the customer " matchmaking " case; driving on behalfof the company for services provided on behalf of the driving situation, the author citesdriving on behalf of the company hire drivers are driving on behalf of the staff and drivers areactually driving on behalf of affiliated companies in the generation of driving case; seven realcase in detail to show the situation in real life driving services on behalf of disputes arisingfrom the well and thus result how to determine the contract leads to determine the main issuesthe contract, the main responsibility.The third part, on behalf of the Nature of driving contract. This part is the focus of thisarticle. By driving on behalf of the individual contracts of employment contract, the contractof comparison, analysis and comparison of individual driving on behalf of the contract is noteasy to come to be characterized as an employment contract and the contract of closer; thehotel, entertainment venues offer driving services on behalf of a contract with the consumercontract, intermediary contract comparison and analysis drawn hotels, entertainment directlyor entrust a third party to provide customers with services on behalf of driving consumerbehavior is an extension of the contract between the two, but it is appropriate to regulateconsumer contracts; while hotels, entertainment venues, as "middleman " for the party onbehalf of driving and driving on behalf of the customer is under " matchmaking " situation,hotels, casinos on behalf of a commission from the side of the drive, so the agreementbetween the two intermediary contract, and hotels, entertainment relative to customers who a collateral obligation to fulfill consumer contracts; driving on behalf of the company will signthe contract on behalf of driving with a commission contract for comparison, the specialpurpose of driving on behalf of people driving on behalf of the company and signed a contracton behalf of drive---to protect their own lives and property, the contract will be establishedbased on trust, but not the same as driving on behalf of this contract is the commissioncontract, have obvious difference between the two on third-party relationships andresponsibility and, when specific to resolve disputes depending on the specific circumstancesand determine the main responsibility.The fourth part, on behalf of driving contract liability OK. This section is also the focusof this article. On behalf of the driving of the contract responsibility principle, the authoradvocates strict liability on the breach of contract, tort liability applies to no-fault liability onbehalf driving is more conducive to the protection of personal and property safety of people,more conducive to driving services on behalf disputes; and in the application of law, becauseof their characteristics and gaps in the law of contract on behalf of driving today, you need tohave a level, specifically analyzed apply. Different small case and the second part of the textwere analyzed to determine individual driving on behalf of a contract dispute, and paid thedriver driving on behalf of individual contracts should be characterized as a work contract,the applicable contract bear responsibility under the contract; rather patronizing kindness offriends for free behalf of the drive, then the drive gross negligence on behalf of the people tobear responsibility for the necessary conditions; determine hotels, entertainment venuesprovide driving services on behalf of disputes arising under circumstances, if directly ordelegate hotels, entertainment venues to provide customers with a third party on behalf ofindirect driving services, the contract on behalf of the opposite party is driving the hotel withcustomers, hotels, entertainment venues relationship with third party commissioned; If thehotel, entertainment venues just to fulfill consumer contract customers in the accompanyingobligations, the contract on behalf of the opposite party is driving driving on behalf of thecompany or driving on behalf of individual drivers and customers, hotels, entertainmentvenues and the driving side is intervening on behalf of the relationship, hotels, entertainmentvenues under the premise of fault liability in proportion to the interest acquired; nextgeneration of driving the company to determine the services provided on behalf of drivingsituations If driving on behalf of the driver driving on behalf of the employment relationship with the company but is not affiliated relationship, driving the contract on behalf of theopposite party are driving on behalf of the driver and the customer, driving on behalf of thecompany under the premise of fault liability in proportion to the interest acquired.