Research On Legal Problems Of Desigeated Driver For Drinker Contract

The laws and regulations related to driving for the drunk service industry remain blank these years in China.However,with the improvement of driving service industry,it is difficult to settle disputes effectively and efficiently without relative laws and regulations.Legislative defects result to conflict aggravation between judicatory practice and applicable laws.So far,there exists many problems in driving for the drunk service industry,which will become obstacles of its development.Such as legal inadequacy,dysfunctional supervision,mixed standard,low doorsill for accessing the market and contract irregularities in this sector.Meanwhile,according to current researches in China,the contract of driving service of the drunk is a new kind of innominate contract for providing service.It differs distinctly from the fifteen kinds of specific contracts mentioned in Contracts Law in terms of the elements of contracts.Moreover,the nature of the law related to driving service for the drunk remains contentious in the law profession.Precisely because of it,most academics lay the research emphasis on the nature and effectiveness rather than the contents of contracts related to driving service of the drunk and little is researched related to mutual rights and responsibilities or liability for breach contract.Neither the legislation regulates the specific legal instrument,nor links up the judicatory practice for further research.Consequently,there will be a long way for the healthy,steady and orderly development of driving service of the drunk industry.With the analyses of legislation actuality,nature and law validity of contracts of driving service of the drunk,the researcher recommended effective proposals for the problems stated above.There are four chapters in the main body of this article,below are the summary of each chapter.Chapter one is the introduction of general theories of contract on driving service of the drunk,which includes the concept and character of the contracts.In this chapter,the researcher combined the four prevailing views currently to draw the conclusion of characters of contract of driving for the drunk service,the establishment and content in the contract and both parties' liability for breach of contract.Chapter two is the analyses of international and domestic legislation samples.In chapter two,the researcher studied on the definition and effectiveness of laws and regulations for the contracts related to driving service of the drunk in both continental law system countries and Anglo-American law system countries,as well as the mutual rights and responsibility and legal liability of the contracts.Additionally,the researcher put forward the experiences that worth learning in other countries compared with that in China.In chapter three,the researcher claimed the shortcomings of the contracts on driving service for the drunk in China.Put it in detail,the contracts for driving for the drunk service are innominate contracts,the definition of the capacity of civil behavior of the drunk party is not clear,and the judge's discretion is relatively large in practice.Chapter four is the proposal for the improvement of contracts on driving service of the drunk by specific relief program.After confirming the social status and independence of contract of driving for the drunk service,the author put forward some suggestions for the improvement on the basis of international experience and domestic situation.