The Research On Tort Liability Of Traffic Accidents In Substitute Driving For Drinkers

As an emerging product of the development of the times,especially substitute driving for drinker,while providing safety services for the drinker,it also provides orderly protection for other traffic participants.In the face of the "impact" brought by the emerging products,due to the lag of the legal and legislative activities themselves.How to make it possible to follow the pace of the times,clarify the controversy,and unify the ruler is also the current task of the theoretical and practical circles.Based on different perspectives,there are many discussions about the relevant legal acts of substitute driving for drinker,and this article is intended to focus on the identification of the subject of tort liability and its responsibility of substitute driving for drinker,in order to have a more in-depth analysis and understanding of the problem.This article mainly includes four parts: The first part,the typical judicial cases and disputes of substitute driving for drinker.Through different types of cases,it is point out that there exists the phenomenon of "different judgments in the same case" in judicial practice,which leads to the necessity of research on tort liability of substitute driving for drinkers.The second part is about the nature of the legal relationship between substitute driver and drinker.After sorting out and analyzing the different opinions of the academic circles under this classification,the author identifies the nature of the legal relationship of paid substitute driving as the contractual relationship,the nature of the legal relationship of the unpaid substitute driving is determined separately according to different situations,that is,the existence three conclusions of the good intentions of the relationship,the reasonable management with no cause,and the unreasonable management with no cause.The third part is the analysis of the tort liability of substitute for drinker.One is the identification of the subject of tort liability for substitute driving for drinker.In this paper,the author advocates the combination of "operation benefit and operation domination" and concludes that,regardless of whether the driving act is paid or not,the driving agent is the dominant controller of the vehicle,and also the acquisition of economic or spiritual benefits of driving act.Therefore,the subject of infringement liability for substitute driving for drinker should be the driving agent.The second is the division of tort liability for substitute driving for drinker.This paper discusses thesituation that the insurance company has residual liability after assuming the corresponding insurance liability,and combines the legal relationship between the driver and the drinker to clarify the division of responsibility for the substitute driving for drinker.Firstly,in principle,it is the driver's responsibility.Secondly,in the complex situation of the fault of the surrogate drinker,it should be identified separately.The fourth part is the reflection and perfection of the liability of substitute driving for drinker in our country.Through the argumentation of the above-mentioned part,this paper analyses the shortcomings of the identification and undertaking of the tort liability of the substitute driving fir drinker in our country.Combining with the current situation,it puts forward suggestions for improvement.