Study On The Responsibility For Compensated Substitute Driving Traffic Accidents Of Motor Vehicles

In recent years,with the continuous development of social economy,people's living needs becoming more diverse,a series of compensated driving services have emerged and gradually developed into an industry.At the same time,with the development of the Internet economy,the network driving platform operating companies represented by Ai-driving,E-driving and Di-Di-driving have gradually formed a scale.As a new service industry,the compensated driving service of motor vehicles has greatly reduced the occurrence of drunk driving to a certain extent.It provides a relatively safe and convenient choice for those who are not suitable for driving temporarily.It also objectively maintain public safety and good traffic order,and keep citizens,life,health and property safe.However,with the rapid development of this industry,some legal issues have also emerged,such as the substitute driving contract obviously can not keep up with the pace of development of the industry and is still lack of unified norms,and also the industry standard and supervision are not perfect,which has caused widespread concern and huge controversy in society.Especially the problems caused by traffic accidents in the process of substitute driving need us to take them seriously and solve them by legal action.However,there is no consensus in judicial practice and academic circles on the issue of liability for compensated substitute driving accidents of motor vehicles.In view of this,from the perspectives of "damage caused by traffic accidents to the third party","damage caused by traffic accidents to the customers" and "damage caused by traffic accidents to the designated driver",this paper will analyze the subject of compensation liability specificly and the liability for damage compensation,so as to protect the rights and interests of the victims as far as possible,balance the interests of all parties,and promote mobility.The healthy and orderly development of the compensated substitute driving industry.This paper discusses the responsibility of traffic accidents in the process of compensated motor vehicle substitute driving by four parts,including:The first part is the introduction,which gives a brief introduction to the research background and significance of compensated substitute driving for motor vehicles,the research summary,research methods and the structure of the article.The second part is the analysis of the legal nature of compensated substitute driving contract for motor vehicles.After presenting the basic concept and classification of compensated surrogate driving contract,it will analyse the validity of compensated substitute driving contract under three different circumstances and the nature of the compensated substitute driving contract;The third part analyses the responsibility of compensated substitute driving accident,including detenmine the liability subject and responsibility when the traffic accident causes damage to the third party.The tort liability,contract liability and the concurrence liability when the traffic accident causes damage to the customers.The responsibility when the traffic accident causes damage to the designated driver.In order to provide suggestions for the development of the compensated substitute driving industry,the fourth part combines the reality of our country at the present stage,and puts forward some legal considerations.