Research On The Legal Relationship Of Driving Agent And The Definition Of The Subject Of Responsibility

With the continuous development of China’s economy and the improvement of people’s living standards,many people begin to own motor vehicles,and this situation has been increasing.There are more and more motor vehicles on the road,which brings great convenience for people to go out to play and go to work.At the same time,the traffic pressure becomes more and more,which increases the frequency of traffic accidents.With the increasing punishment of drunk driving in our country,the industry of driving agent has emerged.Some of these accidents are caused by the act of driving on behalf of others.In today’s society,driving is undoubtedly a new industry,the development of a new industry will inevitably produce a variety of new legal relations,followed by the problems.In daily transportation,it is inevitable that there will be some traffic accident disputes,big and small,bumping and bumping,let alone driving on behalf of others.Because the agent driving involves many subjects,the situation is relatively complex,and in the agent driving service industry,there is a lack of clear legal provisions and industry supervision.Therefore,when the parties involved in the agent driving traffic accidents,there will be many disputes and problems on how to define the legal relationship between each subject and the responsibility subject.In this paper,the focus of the dispute is summarized from three specific judicial cases,the focus of the dispute is analyzed by legal theory,and the research conclusions and Enlightenment ideas are drawn to analyze the legal relationship between the various subjects in the act of driving on behalf,and then discuss the bearing of the tort liability of each subject.First of all,it sorts out and classifies the driving behaviors in the current society,which can be generally divided into paid driving situations and free driving situations.Secondly,on the basis of classifying theact of driving on behalf of others,combined with specific cases,this paper analyzes the legal relationship in the act of driving on behalf of others and the responsibility of the main body.In the current judicial practice,the people’s court’s legal relationship between the various subjects in the act of acting as a driver is quite different from the liability of each subject for damages.Finally,the research conclusion and enlightenment are obtained.