Research On Tort Liability Of Designated Driving

The development of modern economic have promoted more specialized and refined division of labor.It also has spawned a large number of emerging industries,designed driving is one of them.after a rapid development,the lack of supervision makes the driving industry faces severe challenges.the chaos frequency also led to a large number of road traffic accidents.Clarifying the responsibility of all parties to bear and protect the interests of victims has become a top priority,but the civil law system for designed driving rarely is short of provisions,making courts in the face of road traffic accidents caused by designed driving sentence differently,which is not conducive to clear the parties' own rights and obligations,pre-sentenced the responsibility,and also impaired the fair and equitable treatment of law.Therefore,it is urgent to clarify the responsibilities of all parties and to unify the judicial application.In view of this,on the basis of ascertaining the legal relationship of designed driving.This paper puts forward the principle of identifying the subject of liability for damage caused by road traffic accident caused by designed driving and its specific detailed criteria.Allocating responsibilities fairly,providing opinions for the future legislation and making a slight reduction for the unification of the judiciary are purposes of research too.This article is divided into five partsChapter 1 defines the legal definition of designed driving to distinguish it from substitute driving with his own car,and the contract of carriage of goods by the new car transport behavior.At the same time,it summarizes the development of designed driving in China and some countries,and the variety of designed driving in practical activities.Chapter 2 discusses in detail the civil legal relations between the parties.First of all,it analyzes the special labor law relationship between the drivers and the driving companies,including the legal relationship between the driving company and the driving agency on behalf of the driver who is beyond the scope of his job.From the grasp of the nature of the labor law,the former is still recognized as the legal relationship between labor and labor,and most of the network company do not have any legal relationship between labor and service agencies.Chapter 3 analyzes the legal nature of the driving license agreement.And divides the legal relationship between drivers and passengers into paid driver and non-paid driver.The contract of paid driver and passengers consists of hybrid contract and passenger transportation contract.Then the contract of non-paid driver and passenger is subdivided into the driving with friendly sentiments and spontaneous agency.Chapter 4 clarifies that the principal of responsibility for damage caused by road traffic accidents,which is dominated by operational interests and operations.Because of the separation of operating interests from operational control in practice,the determination of responsibility takes operational control as the main principle and operational profit as the supplementary principle.Operating profit and operating control is limited within the broad concept.Chapter 4 combines with the legal nature of identification and the principle to determine the main responsibility caused by designed driving.The person assuming tort liability of paid designed driving is driver,or the company which has labor relations with him.Friendship gratuitous driving and driving of spontaneous agency should be borne by the pilot.Except unlawful spontaneous agency,if fault exists during the driving,passengers should bear the responsibility too.Then it straightens out the responsibility of traffic accidents caused by designed driving.Firstly,the order of responsibility for traffic accidents caused by designed driving should be clarified.That is,Compulsory Insurance comes first.the commercial insurance company should be in the second compensation order.And the last part should be borne by the above subjects.Secondly it determines the scope of compensation,including property compensation and moral compensation.