Designated Driving Software Operator Of Motor Vehicle Traffic Accident Liability Dispute

Designated driving software as a new service platform, as people travel fast provides various choices, but also accompanied by a many legal issues, such as when the traffic accident liability disputes, how to define the designated driving software providers to the status of? Thus lead to designated driver, the user between software vendors should belong to "relations between the two parties" or "three relations". These legal problems became involved in the designated driving software operator of motor vehicle traffic accident disputes the key to problem solving. This article selects "E designated driving software traffic accident case ", as a representative of the typical research on the above issues, the full text in addition to the introduction, is divided into four parts:The first part is a brief introduction of the case. Including brief of the case, the basic case, the trial results.The second part is the introduction of the case the focus of controversy. The core dispute focus for the case is designated driving software operators and designated driver in traffic accidents responsibility identification in the dispute.The third parts of the dispute focus in-depth analysis. For driving software operators and designated driver in traffic accidents responsibility identification problem in dispute shall be demonstrated. First, the traditional designated driving management pattern mainly divided into two free riding and paid designated driving, separately as a helper in the responsibility relationship and employment relationship. Second, by understanding the designated driving software, designated driving software operator provides driving information service to information push to become the middleman. Third, analysis of the designated driving operators in practice, to the court of referees as a result, more practice on the designated driving software operator position. Fourth, the theory about the designated driving software operators positioning "relations between the two parties" and "the relations", namely the driving software operators and designated driver orientation as the employment relationship or labor relations to reflect the relations between the two parties, or to designated driving software operator, the user, designated driver three parties, generation of driving software operators may be defined to the "three relations", through the comparative analysis of two major theoretical disputes, in order to make clear the broker role of designated driving software operators. Fifth, the entire case that driving cases shall be deemed as refers to the legal status of software operators to broker, at the same time, in case the referee to judge the rationality of the applicable law and clear the law for processing feasibility and validity of this case.The fourth part is to the operators involved in the designated driving software related legal problems of regulation way. First, the designated driving software operator position clear, suggested that as a broker. Second, clear the designated driving software operator traffic accident liability disputes processing rules, with reference to apply the general principles of the tort liability law article 49 of the designated driving before the responsibility sharing of applicable regulation; As well as the reference of the traffic accident compensation from the supreme people's court judicial interpretation about the special circumstances in the road traffic regulation standard, make the operators involved in the designated driving software rules of traffic accident liability for damages, in order to advance under the legal framework development the designated driving software operators.