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Study On The Civil Liability Of Designated Driving Party Of The Compensated Substitute Driving For Drinkers

Posted on:2019-05-19Degree:MasterType:Thesis
Country:ChinaCandidate:H Y JingFull Text:PDF
GTID:2416330545970755Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As a new industry,the substitute driving for drinkers has not been clearly stipulated in China's legislation.When there is a dispute caused by designated driving,it makes difficult to clarify the main body of liability,which can not effectively protect the legitimate rights and interests of the injured party.For example,the designated driving party drive without rule,triggering a traffic accident and causing a loss to the drunken driver or third people.Drunken driver provides a vehicle that did not meet the driving requirements,resulting a traffic accident and causing a loss to the designated driver or third people.Of course,this is mainly due to the legal relationship between the designated driving network platform operation company and the designated driver,the contract's nature of the compensated substitute driving for drinkers and the contracting ability of the drunk driver are not clear.So once there is a dispute,it is difficult to effectively solve it.In this paper,starting from the designated driving party,analysis the designated driving party's liability for breach of contract,tort liability and responsibility of third people,so as to promote the industry of substitute driving for drinkers to better adapt to the development of China's market,maintain good social public order and keeping people happy life.This article discusses the civil liability of the designated driving party through five parts.The first part is the introduction,introduces the legal issues,background,significance and domestic research,foreign research,the content and methods of research of compensated substitute driving for drinkers.Because of the limited space,this paper mainly discusses the liability of designated driving party in the typical types--"driving company to provide the driving and driving network platform operation company to provide the driving";The second part is a summary of the compensated substitute driving for drinkers.A series of legal problems arise from the typical cases,then introduce the meaning and classification of the compensated substitute driving for drinkers;The third part analyzes the legal relation of compensated substitute driving for drinkers,which comprises subjects,internal legal relationship of designated driving party,the legal relationship between designated driving party and drunken driver;The fourth part analyses the liability for breach of contract,liability for tort and the handling of concurrence of liability;The fifth part analyzes the civil liability of the special circumstances and internal distribution of the civil liability among designated driving parties.The civil liability for special circumstances include civil liability caused by third party and civil liability which traffic accident caused damage to the third party;Internal distribution of the civil liability among designated driving parties refers to the distribution between riving company or the network platform operation company and designated driver.
Keywords/Search Tags:Compensated substitute driving for drinkers, the designated driving party, the drunken driver, the liability for breach of contract, the tort liability
PDF Full Text Request
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