Research On The Tort Liability Of Motor Vehicle Substitute Driving Accident

With the rapid development of society,people's demand is increasing day by day,and Valet as a new business model appears.Due to the lack of laws and regulations on driving agency and the nonstandard development of the industry,there are many disputes between the driver and the driver.In view of this,the author tries to analyze and study the tort liability caused by the traffic accident in the process of driving agency.This paper is divided into five parts.In the first part,the author points out the problems existing in the identification and bearing of the tort liability of the motor vehicle driving accident,which are the lack of legal regulation,the lack of access mechanism of the driving agent,the lack of industry norms,and the inadequate supervision and management.The second part briefly defines the types of motor vehicle driving on behalf of others,divides the behavior of driving on behalf of others into paid driving and free driving on behalf of others,and recognizes the legal nature of motor vehicle driving on behalf of others.For the legal nature of paid driving,there are employment contract theory,commission contract theory,contract theory,atypical contract theory and other theories in the theoretical circle of our country.The author agrees with the contract theory.For the legal nature of free driving,if the agent and the driver agree,it belongs to friendship behavior;if the two sides do not agree,it belongs to causeless management.In the third part,the author first expounds the theoretical basis of the determination of the subject of the tort liability in motor vehicle traffic accidents,mainly including the theory of risk control,the theory of compensation,the theory of damage sharing,the theory of dualism and the theory of monism.The author prefers the theory of dualism and the theory of monism in a broad sense,and on this basis,analyzes the subject of liability in different situations,and finally draws the conclusion that there are only those that are not suitable for law In the non cause management,the main body of the tort liability of the motor vehicle driving accident should be identified as the driving agent,and other circumstances are mainly borne by the driving agent.If the driving agent has fault,it should bear the corresponding fault liability.The fourth part specifically discusses the damage compensation of motor vehicle driving accidents.The first is the concurrence of tort liability compensation and liability insurance.Generally speaking,The insurance company shall take the priority of compensation liability within the liability limit of compulsory insurance;if the commercial three party insurance is purchased,the insurance company that underwrites the commercial three party insurance shall bear the corresponding liability for compensation;if there is still the insufficient part,the relevant tortfeasors shall compensate.There is a special situation,if a professional driving agency company has insured the driving agency liability insurance,and the owner does not want to take the compulsory insurance or the third-party liability insurance,he can choose to pay with the driving agency liability insurance first.Then it discusses the scope of compensation,from the two aspects of property damage compensation and spiritual damage compensation.In the fifth part,the author puts forward corresponding suggestions from three aspects,which are to improve the relevant legislation,establish the access mechanism of the driving industry,and build the internal and external supervision and management mechanism of the driving industry.