Drink-generation Driving Contract Research

As the penalty for drunk driving, drunk driving costs increase, more and more people choose drink-generation driving, provided an opportunity for the development of the industry and a great space for development, but the current regulation on drink-generation driving is not in place, relevant laws and regulations are not sound, unified standards of service inside industry are not absence, necessary supervision is insufficient, drink driving accidents often occur, and after the accident responsibility is unknown, dispute not resolved in a timely manner. Therefore, this paper hopes to start with drink-generation driving contract, research all kinds of drink-generation driving contract,and then find the nature of the contract by analysis the subject and content of the contract, thus obtains the division of responsibility for all kinds of drink-generation driving, distinguish responsibility, specification drink-generation driving from the perspective of contract, and puts forward some suggestions on the development of drink-generation driving. This paper mainly uses the method of case analysis and comparative analysis, to seek development in China from domestic and international comparison, using case extract the issue of accountability, find the contract responsibility from the nature of contract, and then solve the problem.This paper mainly include the following contents:The first part, through the related concepts and situation description, analysis the problems of the China’s drink-generation driving, including laws and regulations are not sound, the lack of unified regulation and supervision, the drink-generation market chaos and the lack of unified norms of contract.The second part, analysis the drink-generation contract to find the nature, include the commissioned contract, passenger transport contract and employment contract, contract contract, analysis the match point and the discrepancies,find the legal characteristics and the legal position, then make the final conclusion.The third part, begin with the signing of drink-generation driving contract, mainly divided into the study of the subject and the effect of the sign, through the concrete investigation from the angle of the main body of the effect of contract, divided into drunk himself signed and others counterparts contract for two cases are considered, the specific analysis of different cases the validity of the contract.The fourth part, from the parties through analyze the rights and obligations of the drivers and the drink-generation, analysis the contents of the contract from the angle of rights and obligations.The fifth part, analysis the problem undertakes of drink-generation contract, firstly analysis of the drink and drive the contract liability in common, and then the specific analysis of all kinds of different contract responsibility personality and exemptions.The sixth part, aimed at China’s drink-generation driving contract and put forward some legal suggestions for drunken driving industry development, such as the establishment of industry standards, set up drink-generation driving insurance, strengthen the legislation.