The Legal Relations In The Professional Designated Driving And The Liability Identification In The Traffic Accident

The traditional sense of "designated driving" has existed in our country for a long time.For instance,the relatives and friends driving freely for someone in daily life,also the “black designated driving” provides the rewarding personal driving.The professional designated driving just appeared in recent years,the emergence of the professional designated driving is very necessary for the development of professional driving which means the designated driving industry becoming more standard and specialized.But the current laws and regulations did not make a specific definition of the professional designated driving and who should be responsible for the traffic accidents is also not very clear.In order to solve this problem in real life,this paper is going to define the connotation and extension of "professional designated driving'' and also clarify the legal relationship between the two parties.This paper mainly includes the following three parts:The first part is the introduction of "designated driving",mainly including the definition,the classification of the designated driving and different running types of professional driving mode.The meaning of "designated driving" is mainly defined by means of its connotation and denotation.Professional designated driving is divided into traditional and new type ones which are based on using 020 business model or not.And then the two types of professional designated driving are illustrated separately.The second part is the core of the article,.Contention will be divided into the internal and external legal relations of the designated driving.According to the different properties of the internal legal relations,the designated driving is also be defined differently.In the traditional designated driving,the designated drivers and the designated companies are labor and employment relations.Through the case analysis ofprofessional practice in the court dispute,the new designated driving defined that the designated drivers and software driving company is intermediary relationship.Comparing with the employment,contract,commission,passenger transport and other relations,professionaldriving is identified as therelevant provisions of the contract.Thethird part is also the key part of this article.It contains two parts.The identification of responsible subject in the traffic accident in the traditional designated driving and the new type of designated driving.According to the theory ofthe liability of the object of tort liability,the subject of liability is theresponsibility of the agent.And the agent will be included in the scope of thesubject of tort liability.Then according to the customer who is also the service receiving party whether he has fault or not.If service provider has faultunder the condition of driving for the customers,both sides should take the responsibility;If the designated driving providing party does not in case of fault but has laboror employmentrelations with thedesignated drivers,then theservice providing party should take the mainresponsibility;If they are intermediary and cooperative relations,the drivershould take the main responsibility himself.The principal part of tort liability fortraffic accident need to be analyzed in specific circumstances.If the traditional tort liability ofmotor vehicle road caused by designated driving party,in the case of servicesreceivers has no fault and they are labor relations,then the designateddriving company should take the main responsibility according to article9 of the Interpretation of the Supreme People's Court on Several Issues concerning the application of law in the trial of cases of compensation for personal injury and apply the general principles of the tort liability article 34.Ifthe services receiver party has fault,both sides should undertake the due obligation according to their mistake.Under the new type of designated driving,if thetort liability caused by traffic accident and the servicereceivers party have default,both sides should take the joint responsibility based on their own faultaccording to the article 10 of the Interpretation of the Supreme People's Court on Several Issues concerning the application of law in the trial of cases of compensation for personal injury.