Legal Issues Study On Drink-generation Driving

In recent years, with the increase of the state’s efforts to deal with drunk driving behavior and don’t drink and drive win more support among the hearts of the people. Drink-generation driving service, because of its convenience, effectively reduces the probability of traffic accident and greatly reduces the number of casualties, is attracting more customers. Under this background, drink-generation driving service gets vigorous development. But after all, drink-generation driving service has just started, there are still many problems. Although some local governments have realized drink-generation driving service needs effectively supervision and they have introduced legislations for its standardized operation. But at the national level, our country has not introduced laws and regulations for drink-generation driving service, which plays a role in standardizing and guiding. Now drink-generation driving service itself is in an awkward situation. There are lots of confusions in practice for example, the service providers’ level is uneven, the whole industry has no legislations, and the regulatory agencies are not clear. These problems are the main responsibilities for the traffic accident compensation remain uncertain.In order to solve the identification problems of the compensation for designated driving accident, we analyze liability according to the designated driving contract based on the nature and responsibility identification of this contract from the existing legal system in our country. But the effectiveness of designated driving contract only relates to both parties of the contract and has no legal effect to the infringement third party in the traffic accident as it’s only an agreement between the driver and the drinker. Whether the infringement third party should claim to the driver or the opposite party? According to the judicial interpretation about road traffic damage compensation which is announced by the Supreme People’s Court, identifying the liability subject in motor vehicle traffic accident adheres the guideline of operation control and operation interest of the binary said theory. Therefore, this article adopts binary said theory to determine subject of liabilities for compensation. We analyze the proper subject of compensation liability from infringing party’s side that provides theoretical basis for the external liability. When facing internal compensation problem, we distinguish specific compensation between driver and the drinker according to the nature of the contract. By using internal and external different rules, we solve the problem of the compensation’s sequence and responsibility’s level in traffic accident damages of motor vehicle.This article will be discussed in three parts, the first part is the introduction of the nature of designated driver and the basic theory; the second part starts with the introduction of different contract types, and characters of different contract subjects and the theory of the halter, which will deeply analyze the problems of responsibility to designated driver, then clarify specific liability to different driving providers; The third part aims at riching designated driving theory, establishing the legal system of designated driving, and building industry supervision and management mechanism to solve the problem of identifying responsibility and undertaking liability in designated driving accident.