Research On The Drive-home Service About The Identification Of Legal Relations And The Responsibility

The internet age has evolved at a rapid pace,and internet technologies such as mobile payments have changed the way people live.In recent years,the hot “sharing economy” has infiltrated every place in daily life,making everyone’s life more convenient.With the promulgation of the “Amendment VIII to the Criminal Law of the People’s Republic of China ”,drunk driving were included in the criminal law and the restrictions on drunk driving were increased.As a result,the drive-home service developed and grew in time,and a large number of driver companies and practitioners in the driving trade emerged.In addition to institutional factors,the rise of the driving trade also benefited from the increase in the number of people with motor vehicles and the deepening of people’s awareness of safety.The popularization of drive-home service is followed by the emergence of legal problems in new relationships.In the drive-home service,inevitably there may be traffic accidents.In the case of drive-home service,the legal relationship may be more complicated than ordinary traffic accidents.This article analyzes the legal relationship of the drive-home service from the problems found,analyzes the problems,and solves the problems.It also discusses the liability of each subject.First,the existing cases that occurred in the drive-home service are typed and analyzed in combination with typical cases.In the judicial practice,different courts have differences in the determination of legal relationships in the drive-home service,as well as the responsibilities of individual subjects.Second,on the basis of the type of driving behavior,the legal relationship in various types of driving behavior is discussed.The drive-home service can be divided into paid and unpaid drive-home service.Based on whether it involves a driving service agency or not,it can be further differentiated 。 Unpaid drive-home service is divided into negotiorum gestio type of drive-home service and friendship behavior type of drive-home service.In the act of paid drive-home service,the target of the driver’s contract shall be the realization of the achievement that the“passenger”will be sent to the designated destination by the driver,and there is no actual instruction and supervision by the“passenger”.The driver has independence from the “passenger”.Therefore,it should be constractual relation between the driver and the “passenger”,whether driver is on behalf of a person or a service agency.Between the driver and the agency of the drive-home service,the driver is controlled by the agency of the drive-home service,and there is subordination between them.The two should establish the employment relationship.Therefore,if there is a traffic accident in the contract-type drive-home service,the responsible party of the traffic accident,“the vehicle side”,shall be the driverr,and shall bear no-fault liability according to the “Law of The People’s Republic of China on Road Traffic Safety.” The agency of the drive-home service as the employer of the driver shall bear the responsibility of the employer liability according to Article 9 of “Interpretation of the Supreme People’s Court on Certain Issues Concerning the Application of Law in Trying Case Involving Compensation for Personal Damage”.The “passenger” as the ordering party should bear fault responsibility.In the unpaid drive-home service,when the driving behavior between the driver and the“passenger”is based on the good intentions of the driver,the intention is not to be bound by the law.The act of driving should be deemed as friendship behavior.When no agreement is reached between the driver and the“passenger ”,the driving behavior of the driver is established negotiorum gestio behavior.In the case of traffic accidents,when the traffic accident occurs,the driver shall be deemed as the party responsible for the traffic accident,“the motor vehicle side”.And the driver shall bear no-fault liability in accordance with the“Law of The People’s Republic of China on Road Traffic Safety”.In the negotiorum gestio type of drive-home service,the driver drives the motor vehicle without permission.The“passenger” was responsible for the fault according to Article 2 of “Interpretation of the Supreme People’s Court on Certain Issues Concerning the Application of Law in Trying Case Involving Compensation for Road Traffic Accidents”.In the act of friendship behavior type of drive-home service,based on the principle of fairness,if there is no intentional or gross negligence in the driver,the“passenger” should be joint and several liability for compensation.