Study On Legal Issues Of The Paid Drive-home Service

With the formal implementation of the "criminal law amendment(eight)",China’s official made clear its position of "zero tolerance" for drunk driving. Thanks to this, China’s Drive-home service industry and gradually the community back to life. However, due to lack of special legislation, the Drive-home service industry often appears complex legal disputes arising from the problem of complex subject of the Drive-home service and the contents of the contract is not clear and the responsibility is difficult to determine. In order to solve the disputes, by combining the advanced practices of Japan and South Korea and other foreign countries, the author puts forward in line with China’s actual conditions’ the subject of Drive-home service and the rights and obligations of the contract and the responsibility system. The subject of Drive-home service is the premise of a generation of driving the business, So the author in the clear professional driving the company’s generation after driving subject position, also proposed the generation of driving business shall comply with the internal and external conditions. The rights and obligations under the contract content is the result of the parties fighting for their rights and interests game, therefore the author through the basis of a variety of theories analysis, identified its unique properties, and put forward the reasonable rights and obligations of the parties should have content in the Drive-home service contract. Responsibility system as the ultimate way to safeguard the rights and interests of the victim is essential. So the author divided into liability for breach of contract and tort liability to undertake two ways to implement on the victim’s rights and interests protection. The author discusses about the subject of the Drive-home service, the rights and obligations of the contract and the responsibility to put forward the way to balance the interests of three parties, which are the driver of Drive-home service, the owner and the third person of the paid Drive-home service.