Research On Tort Liability Of Traffic Accident In Designated Driving

In recent years,the Internet + generation of driving has quietly risen to meet the demand for driving on behalf of the driver,and at the same time,it has brought new difficulties and challenges to the solution of the damage compensation for motor vehicles..The liability for infringement of motor vehicle traffic accidents is not a new type of tort liability,and it still belongs to the responsibility of motor vehicle traffic accidents.However,the relevant legal provisions on the responsibility of current motor vehicle traffic accidents are applicable when it is determined that the responsible person of a motor vehicle traffic accident is not adequately solved.Specifically,the provisions of Article 76 of the "Road Traffic Safety Law of the People's Republic of China(hereinafter referred to as the "Road Traffic Safety Law")on the subject of responsibility are relatively vague,and the possession of "operational dominance and operational interests" in judicial practice There is considerable controversy about the understanding and application of human identification standards.This article is mainly divided into six parts from the perspective of the driver,focusing on the platform-based driver and the platform-free driver in the driver and the driver and the driver and the driver platform The legal relationship,in turn,distinguishes different types of traffic accidents and specifically identifies the subject of tort liability for driving accidents,and finally determines the final responsibility of the responsibility in combination with the relationship between the driver and the driver's platform.The first part is the introduction.Firstly,it puts forward the background of the topic selection,and then introduces the theoretical significance,practical significance and research methods of the topic of motor vehicle driver's tort liability.Due to the limited length of the article,this paper mainly discusses the liability for accident compensation when driving a motor vehicle on behalf of a third party,specifically,The focus of this paper is on the specific liability of traffic accident tort when traffic insurance and commercial insurance can not completely cover the loss.The second part is the typical case of the infringement liability of motor vehicle traffic accidents and the focus of disputes.It mainly summarizes the typical five types of motor vehicle traffic accident infringement referee cases,and then summarizes the current motor vehicle driving accidents by typical cases.There are several controversial issues in infringement cases.The third part is the legal relationship of motor vehicle driving,which mainly analyzesand studies the legal relationship of motor vehicle driving,and puts forward the definition of the platform type(paid)contract as an atypical contract.The unpaid driving that conforms to the original intention of the driving agent and not explicitly rejected by the driving agent is defined as voluntary helper behavior,while the unpaid drive which does not accord with the original intention of the driving agent and is clearly rejected by the driving agent is classified as unauthorized driving free driving.In the platform type,the relationship between the platform and the driver is analyzed,and it is concluded that the relationship between the platform and the driver is in accordance with the relationship between the platform and the driver,which is typical of the two kinds of operation modes,and it is concluded that the relationship between the platform and the driver is in line with each other.The relationship between Didi driving platform and driving driver belongs to the conclusion of de facto labor dispatch relationship,which is a new type of employment relationship with the characteristics of real labor relations.The fourth part is the main body of responsibility for motor vehicle driving accidents.It mainly studies the general standards of the main body of road traffic accidents in the comparative law and the identification standards of the main body of road traffic accidents in China,and then combines different types of traffic accidents.Specifically identify the subject of tort liability for driving a traffic accident.The fifth part is the responsibility of the motor vehicle to drive the traffic accident,mainly based on the relationship between the driver and the driver's platform to analyze the responsibility of the tort liability.The sixth part is the conclusion.It is proposed that in the identification of the responsible person of motor vehicle driving accidents,different identification paths should be applied according to the principle of liability of different types of traffic accidents;in the ultimate responsibility of responsibility,it is not only necessary to combine driving The specific relationship between the person and the person being driven,whether the third party damage caused by the third party damage is faulty and the degree of fault to determine the main body of compensation,and also needs to be combined with the specific driver between the driver and the driving platform.Relationship to determine the ultimate bearer of the tort liability.