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Research On The Liability Of Third Party For Damages Caused By Online Designated Driving Accident

Posted on:2020-07-02Degree:MasterType:Thesis
Country:ChinaCandidate:X Y ZhaoFull Text:PDF
GTID:2416330578479102Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of economy and the improvement of people's living standards,online designated driving service platform has gradually become a new way of travel.Although it provides comfortable and convenient service to people,it is difficult to avoid some traffic accidents.Due to the lack of relevant regulations in China's law about designated driving,there will be certain controversies when the court is identifying responsibility of different parties.This thesis will be based on several lawsuits of "e designated driving",the typical online driving service platform.Through the analysis of the lawsuits,it sums up the current controversial disputes of the online designated driving service in the identification of the subject relationship,responsibility,and application.With the analysis and argumentation of the different academic views and similar legal norms of the disputes,it clarified the legal relationship between the controversial parties in the online designated driving service,that is,the designated driver and the online designated driving service platform have an actual employment relationship,the driving service provider and the driving service recipient should be identified as a contractual relationship.On this basis,combined with China's identification standards for the main body of traffic accidents,the applicability of Article 49 of the Tort Liability Law in these lawsuits are discussed.It is clear that the main body responsible for traffic accidents should be online designated driving service platform that "runs the control+operates the benefit",and it bears no fault liability as the bearer of the employee's substitute responsibility;the driver,as the employee,bears joint and several liability only when there is intentional and gross negligence,and the online designated driving service platform has the recovery right;the recipient of the service is based on the identity of the person who is appointed,and assumes responsibility only when there is a fault.
Keywords/Search Tags:Online designated driving service, three party law relationship, traffic accident liability subject, normative application
PDF Full Text Request
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