Analysis Of The Nature And Responsibility Of The Private Paid Contract

Generation of driving as an emerging industry in the now,the traffic developed,becoming increasingly prevalent in society.With the development of the generation of car industry,the problems of the law is more and more.Generation of driving the meaning of the word itself has a very broad,this paper puts drive refers to by generation of driving people to provide all the non Ying Yun Xing vehicles,driving people driving the vehicle will be generation drive and the behavior of the vehicles designated place of service.Generation of driving contract is a nameless contract,and there is no clear provision in the contract law.On the characteristics of it,the generation to driving contract belongs to the north of,don't type,can either paid or unpaid,nameless contract.For such contract,the academic circles and judicial practice in our country are commonly refer to similar typical contract to apply,if not,then it comes down to new nameless contract.So think is the most similar to the generation of driving contract is typical of the three: employment contracts,contracts,the agency appointment contract atany time.Through a detailed comparative analysis,we found:generation of driving contract deliverables to certain work "will be generation of motor vehicles and driving people to",in the process of driving,the generation of have the independent control of the motor vehicle to drive.This undoubtedly and contracts.The cognizance of the main responsibility for the traffic accident in our country adopt "binary operation command + the interests" judgment standard.In the generation of driving behavior,generation drive has the most direct the operation of the control of motor vehicle;Generation of driving people get their own labor remuneration through generation of driving behavior,enjoy the operation of the motor vehicle interests.Generation of driving one,therefore,at the same time enjoy "run control" and "interest" operation,shall be used as a traffic accident responsibility main body.