A Study On The Legal Problems Of Drive-Home Service Traffic Accident

With the development of China's economy,people's living standards is raising,the number of motor vehicles showed a rising trend year after year,on the one hand it makes people's lives more convenient and bring more convenience for their going out,on the other hand,it increased traffic pressure.The driving service is not only convenient for people who are not yet suitable for driving,but also reduces the frequency of traffic accidents.On behalf of the driving as a new industry is gradually growing,but because the industry lack of clear provisions of the law,but also the lack of industry supervision,resulting in the occurrence of traffic accident infringement incident how to correctly determine the subject of responsibility,how to apply the law there is a dispute and blank.This paper attempts to analyze the legal problems of traffic accidents.On the nature of the transfer on behalf of the existence of China's theory of contract,said the contract that the service contract theory and so on,on behalf of the nature of the identification of driving on behalf of the occurrence of traffic accidents bear the main premise,so this article attempts to the nature of the analysis,a clear generation on behalf of the nature.The Supreme People's Court of China did not provide corresponding guidance cases,which not only undermined the authority and uniformity of the judiciary,but also made the accident-related parties lack of uniform rules.So I tried to pay through the two aspects of paid and unpaid two people on behalf of the occurrence of traffic accidents who should bear the relevant accident responsibility.