On The Inner Allocation Of Liability In Traffic Accident By Designated Driving

As the drunk driving has been enacted into Amendment (VIII) to the Criminal Law of the People’s Republic of China, the designated driving after drinking comes into being. The huge market demand of designated driving rapidly spurs the development of this industry. For designated driving is an emerging business, the lack of relevant legislation and industrial regulations makes that no law could be used when the designated driving traffic accident happens. In judicial practice, the court judges the compensatory liability of traffic accident by designated driving in different logic methods. In order to settle the contradiction of the great potential of the emerging industry and the lack of regulations, it’s urgent to get clear the nature of designated driving agreement and the relationship between the designated driver and the vehicle owner or administrator in hope of standardizing the judgment principles of inner allocation of the compensatory liability in traffic accident by the designated driving. This paper consists of five parts as following:The first part, by analyzing cases of compensatory liability in traffic accident by designated driving these cases could be generalized into two modes:one is unpaid designated driving and the other one is paid designated driving. The unpaid mode includes the designated driving between relatives and friends; the paid mode includes individual driver designated driving, the company designated driving, the restaurant designated driving and the cyber application designated driving. On the basis of the classification it’s easy to generalize the judicial standpoint of designated driving case.The second part, analyzing the nature of the designated driving agreement, legal relationship between the parties of designated driving agreement and the inner parties of designated party.The third part, according to the combination of "operational control+ operational interests" principle and concrete designated driving features, we can verify the compensatory liability subject of designated driving cases. As the compensatory liability can be divided into inner liability and outer liability, the inner liability includes torts liability as well as the outer one includes liability for breach of contracts and torts liability. This paper focus on the inner liability’s allocation among the members of designated agreement.The fourth part, discussing the imputation and undertaking of the compensatory liability in traffic accident by concrete designated driving modes.The fifth part is the epilogue, which generalizes the contents and restates the conclusion of this paper as well as puts forward some questions need deeper research about the allocation of compensatory liability in traffic accidents caused by designated driving. Looking forward the legislation when situation available will be helpful to solve this problem.