Research On The Recognition Of Responsibility For The Third Party Damage Caused By Designated Driving

This study restricts the responsibilities discussed here to liability for accidental damages when third party damage is caused by faults on the part of designated driving.The premise for accurately identifying this liability lies in the fact that the legal relationship needs to be clearly defined and the legal aspects need to be defined.There is a clear basis for the application.However,on the facts,the courts have a big disagreement on the relationship between the vehicle's owner and the designated driver,showing different logic of the referee,and the courts even have different judgments in the same case.On the basis of application of laws,the application of "motor vehicle side" in Article 76 of the "Road Traffic Safety Law" on the issue of driving is limited.Judicial practice is still controversial in judging standards of "operational control and operational benefits".Article 49 of the Tort Liability Act has its applicable preconditions and cannot be applied to the case of designated driving.Responsibility for causing third party damage on behalf of the driving vehicle has become a difficult and controversial point in practical disputes.In this regard,this article attempts to combine the "Contract Law" and related theories to clarify the relevant legal relationships in the driver's behalf.Based on this,it is further based on the Tort Liability Act,the Road Traffic Safety Law,and the Judicial Interpretation of Personal Injury Compensation.Such laws and regulations provide a fair and reasonable solution for all parties to benefit judicial practice.This study divides designated driving into two types,namely unpaid designated driving and paid designated driving.In the case of unpaid designated driving,the comparative analysis of the voluntary helper's theory in the judicial practice and the unpaid driver's drive result in the conclusion that the two are incompatible,and then proposed that the agreement should be based on whether the two parties reached an agreement or not.There is friendship behavior or voluntary service between the vehicle's owner and the designated driver,and a discussion is made on the recognition of responsibility in the two situations.In friendship-type driving and voluntary-type driving,when the vehicle leads to the damage of the third party due to the fault of the owner of the vehicle or the general fault of the driver,the owner is deemed to be the responsible subject;the third party is caused by the intentional or gross negligence of the driver.Damage is the main responsibility of the driver.In both cases,there is no real joint and several liability.Under the condition of paid designated driving,this study analyzes and identifies the similarities and differences between the employment contract,the entrustment contract,the contract of hired work and paid designated driving contract,and draws the conclusion that the contract of hired work between the driver and the owner is established.Responsibility between the two is based on the relevant provisions of the contract.There are three types of organization-type driver-subrogation service providers,such as driving agency,hotel and other service agencies,and internet platform,which can be identified as labor relationship or employment relationship between them;as to the relationship between the designated driver and internet platform,it is identified as an unnamed contract which is similar to employment relationship.Based on this,the thesis combines the faults of both parties and the legal provisions to determine the responsibilities.