Study On The Damage Compensation Responsibility For Road Accidents Of Net Substitute Driving

Designated driving service is finding ways into people's lives and the introduction of internet technology has catalyzed this industry revolution.The emergence of online designated driving service has accelerated bringing more convenient and more affordable service by reaching a wider range of customers and attracting more drivers.However,its development is impeded by a lack of regulations and law and chaos in the free market.With more traffic accidents involving designated driving cars,the ambiguity in determining the responsibility in such cases presents a major problem.The thesis is divided into five parts.The first part is a overview of the traffic accident responsibility caused by the network driving.Based on network platform,a new model of online servicing below-the-line is adopt by network drive,which involves the owners,designated driver,platform operators and others.So when traffic accidents occur,the particularity of subject identification,responsibility and other aspects exists.The second part is the analysis on the nature of the main law of various parties.Based on designated driver,designated driving relatively independently uses driving technology to operate,which send the car owners and vehicles to the designated location and deliver,so the relationship between the owner and the driver should be defined as the contracting.The platform operators considerably control the selection,assessment,management and supervision of the drivers as well as absolutely decide bargaining power.Therefore,it is more appropriate to regard the relationship between the two as the employment relationship.On one hand,the platform accepts the entrust of owners,and selects and recommends appropriate drivers to them.On the other hand,when the designated drivers provide services,the employer and the driver is consistent.The third part is the identification of liability subject in traffic accident that happened by the network drivers.On account of the basic theory of traffic accident damage compens ation liability,the standard for defining the liability subject stipulated on comparative law mainly represented by German's owner standard and Japan's duakism standard,and China adpot the latter standard in lawmaking and judical practice.By integrating the general res-ponsibility determination standard and the legal nature of network driving,(we)can deter-mine that when the liability should be shouldered by the network driving side in accidents,the liability subject refers to the driver..The fourth part is the specific pattern of shouldering liability in traffic accidents that happened by the network drivers.When the accident happens,the insurance company can not enjoy a claiming right to the network drivers aftering making the first compensation;the driver should bear several obiligations within its portion when he makes mistakes;and the platform's operator need to shoulder the vicarious liability without any right of recourse when the fault is generalized,while the operator should bear joint liability in case the mis-t ake is big and deliberate,and the operator enjoys the right of recoursing after compensa-tion.The fifth part is the suggestion for perfecting the damage liability system in network driving accident.Combined with the basic theory of traffic accident damage compensation system and our country's legislative status,the definition of legal nature in the subject of network driving should be determined soon and clarity the distribution of liability to da-mages,and meanwhile,promote the liability insurance system for designated drivers and establish the system of relief payment.