Legal Analysis Of Designated Driving For Drunk

With the development of social civilization, people's social activities are becoming more and more frequent, and drinking wine plays an important role in social activities.The attitude and value that "Don't drink and drive, never drive after drinking" is deeply rooted in the hearts of the people. Therefore, in order to ensure his or her safety and reduce the unnecessary troubles, most drunken drivers will call for the designated driving service. It has brought unprecedented opportunities for the development of the designated driving industry, but at the same time it has brought problems that cannot be ignored. In view of the development of the designated driving service, the legislation and practice of our country is in a lagging status. The legislation is not perfect for the nature of the behaviors of the designated driving service and the tort liability of the designated driving service. The civil disputes continuously appear because of the lagging legislation status of the designated driving service.In order to solve the various disputes arising from the designated driving service, this paper analyzes the behavior nature of torture in the designated driving service and the corresponding tort liability. The author draws the conclusion that the different designated drivers have different behaviors, and the responsibilities are different.Finally, the author also analyzes the capacity to conclude contracts in the designated driving service, and holds the view that the capacity to conclude contracts is different in different situations of designated driving service.This paper is divided into three parts. In the first part, the nature of the designated driving service is discussed according to the different body of the designated driving service. The bodies that provide designated driving service mainly includes professional driving agency, professional drivers, hotels, restaurants and other service agencies, driving alliance and driving platform. The author draws the conclusion that the nature of its behavior is different because the different body that provides designated driving service. It is the contractual relationship , under special circumstances is the passenger transportation contract relationship, in the designated driving service of the professional driving agency. In the designated driving service of the professional drivers, if paid, it is the employment relationship; If free, it is the Gefalligkeiten when they are friends, it is the relationship is to fulfill the obligations of the previous act when they are drinking together; it is the negotiorum gestio when the driver is the third person. It is the consumer contract relationship in the designated driving service of the hotels, restaurants and other service agencies. It is the relationship of contract to do a job in the designated driving service of the driving alliance. It is the intermediary contract relationship in the designated driving service of the driving platform.The second part discusses the capacity to conclude contracts of the drunken driver according to General Principles of the Civil Law of the People's Republic of China,General Principles of the Civil Law of the People's Republic of China (Draft) and the related provisions of German, British civil law. The author holds the view that the drunken driver has the capacity to conclude contracts when the drunken driver enters into the "necessities" selling contract.The third part discusses the tort liability in the designated driving service. The tort liabilities are different according to the different nature of the tort behaviors in the designated driving service.