Research On The Legal Liability Of Driving-home Service

Drive-home service provide a convenient and safe way of life for those people who don't want to drive or can't,and it also bring us some theoretical and practical problems.Then these problems need be discussed and solved.Only in this way,Drive-home service can move towards legalization and standardization and will have a healthy and orderly future.This paper consists of four parts as following:The first part,This part briefly introduces the basic concept of drive-home service.According to different standards can be divided into different types,the drive-home service in this paper can be divided into for value and gratuitous.Drive-home service for value can be provided by specializing driving service company,individual,cater establishment such as hotel.Drive-home service for gratuitous also can be divided into the drive-home service between relatives and friends,and no reason for driving.The second part,analyzing the nature of the drive-home agreement,legal relationship between the parties of drive-home agreement.The third part,according to the combination of "operational control+operational interests"principle and concrete drive-home service's 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 drive-home agreement.The fourth part,discussing the imputation and undertaking of the compensatory liability in the traffic accident by drive-home service.and discussing the insurance problem drive-home service involved.