Paid On Behalf Of The Driving Contract Research

With the development of economy, private cars are more and more common in personal life, with the Ministry of public security has recently issued new regulations to be serious investigation and punishment for drunk driving behavior, people’s safety consciousness also increase gradually, at this time, drive industry as an emerging industry have emerged, more and more people coming in drink selection generation. And paid drive industry in developed eastern coastal city in China, such as Beijing, Tianjin, Shanghai, Guangzhou, Shenzhen city the rapid development. But due to the lack of uniform industry standard of the industry, in the civil legislation and the lack of specific legal guidelines, this makes the need to drive car owners and drivers have to drive and step back. This has hindered development paid drive industry steps in a certain extent.This paper is based on the thinking on this issue and to start, according to the compensation for the drive "is what the contract, determine the rights and obligations, how to solve" the idea of driving to study paid. The research and paid on behalf of the driving laws of judicial application of basic theoretical problems paid to drive the combination of contract.The first part, a description of the development process of our country about paid drive industry two aspects from the development of existing features and industry and the new trend, see our country to remain current law paid on behalf of the drive compensation and existing legislation problems in our country about the compensation paid to drive the process.The second part, research on the nature of the contract that paid on behalf of the drive, the type of investigation, combined with judicial practice paid on behalf of the drive case trial as a reference, further research to determine the nature of the contract of the contract relationship between different subjects, so as to achieve similar effects in practice guidance law for.The third part, starting from the basic theory of the principle of fairness, and rights and obligations of compensation for the generation of in-depth study, system, source of the rights and obligations of the paid on behalf of the drive, outstanding problems and performance evaluation criteria and the obligation right, which leads to the relativity of contract issues. The contract relativity breakthrough theory to solve in the judicial practice by third people have the basic right and obligation is to drive people to enjoy the reference. It is to solve "the disputes on the basis of" problem, for the following study paid on behalf of the drive and lay the foundation for breach of contract disputes.The fourth part, research paid on behalf of the drive to resolve disputes, the contract signing process both default and default lay the foundation for third people. Combined with the specific case analysis in different situations, for different subjects, paid on behalf of the drive to solve and that the standard of liability for breach of contract, that is to solve the ", in which the subject, how to resolve the disputes" problem.The fifth part, the author will drive the contract to regulate the industry from the macro and micro aspects of analysis and puts forward some improvement suggestions.