Study On The Subject Of Tort Liability In Generation Driving By Network

Drunken driving is suspected on the Dangerous Driving Crime,and The Law About The Road Traffic Safety also has the strict rules about the drunken driving,which improves the development of the industry about the designated driving service of the motor vehicles.Especially with the fusion of the Internet and transportation,to making an appointment for designated driving service through the Internet is very quick and easy,which gradually becomes the mainstream of the industry about the designated driving.However,if there is a traffic accident after someone has the service through the Internet,the subjects among the vehicle owner,the platform on the Internet or the designated driver,which one will take the legal responsibility is a serious question and the laws have only general rules on this issue.In the practice,there are three opinions on the main body of compensation in the traffic accident after the one books the service of the designated driving through the Internet.Firstly,the vehicle owner has the responsibility.Secondly,the designated driver has the directly responsible for the accident.Thirdly,the platform on the Internet assumes the vicarious liability of the employer.The root of the problem is the legal relationships among the parties is complex.For example,it is very difficult to identify the platform's character,and the cooperation agreement with the designated driver has also caused considerable controversy.In the meanwhile,the vehicle owner and the driver is not the same one,and in the determination of the subject of responsibility,with confirming the law relationships,the main body of the liability and the tort is different,so it will appears the vicarious liability.So,based on the test and theoretical analysis,this paper will study on the range from the main problems of tort liability in the traffic accident,which is happened after booking the designated driving through the platform on the Internet.This paper is trying to clarify the legal relationship of the parties in the designated driving through the Internet,confirm the identified conditions of the subject of the tort liability,and promoting the healthy and orderly development of the designated driving through the Internet from the legal levels.In addition,I hope it can help the one who is hurt get psychological comfort and economic compensation in time.This paper has four parts,including the following contents.In the first part,through some typical cases about the disputation over tort liability in the designated driving traffic accidents which book on the Internet,we will have the arguments.And the author will analyze the position of the judicial referee in the case of tort liability dispute,and puts forward the questions to be studied in this paper.The second part,through the analysis of the meaning of tort liability subject,to explore the relationships and the differences between the subject of the liability and the main body of the tort in the designated driving through the Internet.And it will clarify the characteristics of the subject of liability in the designated driving through the Internet,which are different from the other ones.Also it will clarify some conceptions about the subject of liability in the designated driving on the Internet.The third part,to clarify the legal relationships between the platform on the Internet and the owner,between the platform and the designated driver.In the meanwhile,this paper will explore the legal status and the rules of the subject of tort liability in the designated driving through the Internet.The last part,based on the identified conditions of the subject of tort liability,the three subjects will be discussed separately,combined with specific offenses,we will get the final determination of the subject of tort liability in the designated driving through the Internet.