Research On The Determination Of Liability For Traffic Accident Of Instead Of Driving For Drinkers

As a emerging services, instead of driving for drinkers is that a company offer driver to take the place of drinkers.The emergence of the industry reduce the accident rate to a certain extent. It also brings a number of difficult issues.For example, the first is that the contract of instead of driving is valid or not when the drunk enter into contract under the condition of unconsciousness.After,who are the parties to the contract when drunk'friends sign contract instead of drunk.How to determine the liability for traffic accident in the course of performing contract.Sloving all of the problems relay on discussion about related theory and legislation. Writing this article using the following methods: methods of comparative analysis, methods of semantic analysis and methods of economic analysis.To recognize the validity of the contract signed by drunk,it's need to compare system of capacity for civil conduct between civil law and common law.To recognize the validity of the contract signed by othes instead of drunk, it's necessary to study the constitutions of contract for the benefit of third party and appearance of right.To recognize the liability for traffic accident, it's need to set forth the economic model of fault liability and strict liability by using common logic and mathematical logic.By analyze the relevant literature and the fact,the conclusion is that the contract signed by drunk is revocable contract; the validity of the contract signed by othes instead of drunk is directly attributable to the drunk,the liability for traffic accident in the course of performing contract is that drinkers commits a fault liability and the opposite party commits a strict liability.