Research On The Subject Of Vehicle Accident In Driving-home Service

On May 1,2011,the "Criminal Law Amendment(8)" was formally implemented,which amended the drunk driving rule into the sentence.At this point,in violation of the law,drunk driving behavior,our country's law has formed a complete and strict liability system for investigating the perpetrator's civil liability,administrative liability,and criminal liability.Under this circumstance,driving-home service as a new industry quickly started and developed rapidly.There are risks in the operation of motor vehicles.Traffic accidents happen from time to time and driving-home service without exception.During the process of driving-home service,if a traffic accident occurs due to the fault of the driver,the personal or property damage of the third person may be caused by the driver,the agent,and the third party.The legal relationship is complicated and the damages are liable.The identification of the subject often becomes the focus of the dispute,and it is a problem that needs to be solved in theory and practice.This article refers to the case of judicial referencing,sets out the results of different referees in the case of the current driver's liability accident dispute,and then introduces the definition,features,and other basic content of the driver's drive.It discusses in detail the driving and acting of the driver on behalf of the driver.The determination of the nature of the legal relationship between the two;and from the comparative law,the legislation of our country,and the judicial point of view,discusses the criteria for the determination of the liability of the traffic accident liability subject to apply the dualism of the operation of the dominant and operating interests.Finally,through the standards of the general traffic accident liability subject determination and the main responsibility of the specific legal relationship,the conclusion is obtained.The paper contains the following four parts:The part 1: Ask questions through the case.The author retrieves motor vehicle traffic accident dispute cases on behalf of the driver through the China Judgment Document Network,and selects one case for paid and unpaid driving.The result of the different judgments made by the People's Court in the two cases shows that the responsibility for driving traffic accident liability is still in dispute in our country's judicial decisions.The second part: the determination of the nature of the legal relationship of the driver.As the legislation has strengthened clear penalties for drunk driving and drunk driving,driver assistance has developed as a new industry.Based on the fact that China currently has relatively few researches on the driving of drivers,under the premise of drawing lessons from foreign regulations,the basic meaning,characteristics,and classification of driver's driving are clearly defined.In the classification section,it is emphatically explained whether the driving is divided into paid driving and unpaid driving on the basis of whether the driving is paid or not.Secondly,it elaborates the determination of the nature of the legal relationship between the paid driver and the driver on behalf of the driver and the driver on behalf of the driver.The nature of the paid-for-driving legal relationship exists in the relationship between the entrusted contract and the relationship between the contract of the employment contract and the relationship between the contract and the contract.This article analyzes and approves the adoption of the contract relationship.Regarding the nature of the legal relationship of free-willing driving,this paper divides the unpaid driving of the driver into three different situations,and then concludes that it is free of charge for driving volunteers,free of charge for friendship,and free of charge for management.The third part is the identification standard of the liability body of motor vehicle traffic accidents.First of all,it introduces the recognition of the main body of traffic accident liability in the comparative law,introduces the “motor vehicle insurance” system in Germany and the “operator system” in Japan;secondly,it discusses the dualism of operating dominance and operational benefits in China's motor vehicles.In the legislative and judicial practice of determining the subject of the responsibility for traffic accidents,it has been practically applied and confirmed.However,such confirmations are confirmed through the interpretation of relevant laws and regulations and cases.The existing laws and regulations are not clearly stipulated in the articles.At last,China should use the concept of “motor vehicle insurance” or “operational supplier” the Civil Code to replace the “motor vehicle side” in the current law.Through the formulation of judicial interpretations,the connotations of operational dominance and operational interests are clearly defined,and a large number of judicial cases further standardize the judgments of operational dominance and operational interests to make them concrete and typed.In the fourth part,it specifically discusses the subject recognition of compensation liability for paid motorists and traffic accidents caused by unpaid drones that cause third-person personal or property damage.In paying for driving,first of all,in accordance with the general judgment standards of the main body responsible for traffic accidents,the driver is the owner of the operational control and operating benefits,and should be identified as the main responsibility of the traffic accident.At the same time,due to the contractual relationship between the driver and the agent,the provisions of Article 10 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Cases are applied.Therefore,traffic occurs due to the fault of the driver.If a third party is injured in the accident,it shall be assumed by the driver on behalf of the driver;if the person on behalf of the driver is at fault in terms of selection,appointment,direction,etc.,he shall also be liable for corresponding compensation.In the case of gratuitous driving,regardless of whether it is a voluntary helper type,friendship type behavioral or administratively unpaid drive,there is a general judgment standard stipulated in Article 7 of the “Road Traffic Safety Law”.The attribution should identify the driver as the main responsibility of the traffic accident.However,at the same time,there are three different specific relationships that can be formed based on the relationship between volunteers and their employees.Therefore,in the case of gratuitous driving,if a traffic accident occurs due to the fault of the driver,causing damage to the third party,the driver shall bear the liability for compensation.If the driver is deliberately or grossly negligent,it shall be jointly with the driver.Liability.