Research On The Tortious Liability In Traffic Accident By Online Designated Driving-hailing Service

As the drunk driving has been enacted into Amendment(?)to the Criminal Law of the People's Republic of China,the designated driving after drnking comes into being.With the gradual maturity of mobile payment and mobile location technology,led by “e designated driving”,mobile software designated driving appears and is widely used in real life.Nowadays,as to mobile software designated driving,which is newly sprouted,special laws and regulations and industry norms are lacking in pratice.However,the issue caused by mobile software designated driving is common,and traffic accident by mobile software designated driving is one of the typical issues.Through analysis and summary of the typical cases,as to the Tortious Liability caused by mobile software designated driving,the judicial practice shows different logic and judgment,which is mainly reflected in the distribution of responsibilities between the parties to the driving vehicle and the research emphasis of this thesis.Firstly,the contract between the consumer and the service provider is an anonymous contract and the driver and the company form the employment relationship.Secondly,on the liability subject of the legal relationship in the above two groups.,as to the consumer and the service provider,if there is no fault in the consumer,the responsibility is provided by the service provider;if the consumer is at fault,both the consumer and the service provider are liability subject.As to the driver and the company,if there is no intentional or gross negligence of the driver,the company is the sole responsibility of the service provider;otherwise,both the driver and the company are responsible.Thirdly,based on the principle of imputation and responsibility form of the above two groups of legal relations,the paper draws a conclusion:as for the consumer and the service provider,if the service provider is at fault,the service provider shall bear the corresponding tort liability;both parties shall bear the corresponding responsibilities when both parties are at fault.As for the driver and the company,if the driver does not have intentional or gross negligence,the company shall assume the corresponding tort liability;conversely,both parties shall be jointly and severally liable and shall have the right of recourse against the driving company.Lastly,in terms of the certain gap in the legislative or judicial level in our country,solutions like the introduction of relevant judicial interpretation,the publication of instructional cases and the strengthening of subjective initiative of the judge can be used.