Legal Relationship And Legal Application Of Driving After Drinking

Drunk driving is included in the category of dangerous driving crime in criminal law.The penalty cost and safe travel of drunk driving motor vehicles have been paid attention to by people,and the substitute driving service industry has emerged as the times require.With the vigorous development of drink driving instead of driving,the driving service industry is chaotic under the huge market demand.Due to the lack of specific industry norms and unified management,the industry of drunk driving presents a variety of types of driving agent contracts,and the relationship between the main responsibility of driving agent is complex,leading to the occurrence of traffic accidents caused by driving agent without a unified standard of liability identification.There are different practical and theoretical divergences in the relationship among the agent,the agent and the network contract platform.In the compensated driving contract,the contract should be a contract of contract of contract,commission contract or employment contract.It is very important to determine the type of the agent contract for solving the traffic accident liability.Through the analysis of the legal relationship among the agent,the agent and the network contract platform company,this paper confirms that the agent contract should belong to the contract relationship.In the event of a traffic accident,the contractor should be regarded as the main body of responsibility.In the act of gratuitous driving,it is regarded as an act of friendship in the sense of life based on the intention that there is no legal restriction on the driver and the driver.In this case,the person responsible for the traffic accident should be the agent.Based on the characteristics of the act of substitute driving,there is a situation that the owner of the vehicle is separated from the user.When causing damage to the third party,the subject of liability for infringement of the act of substitute driving should be determined according to the duality theory of operation domination and operation interest.The determination of the subject should be different from that of the owner and the user in the case of lease in Article 49 of the Tort Liability Law.The use of human separation.It mainly includes the following contents:Chapter one guides the actuality of the substitute driving industry with the meaning of substitute driving,distinguishes the types of the substitute driving service,and clarifies the controversy of the identification of the responsibility of the substitute driving behavior with the case as the breakthrough point;Chapter two distinguishes the compensated substitute driving from the unpaid substitute driving,and clarifies the agent driving behavior in the substitute driving behavior.The third chapter defines the subject of tort liability for driving act according to the analysis of operation domination and operation interests,and distinguishes the subject of tort liability for compensated driving and unpaid driving.