Wine Offspring Driving Law Studies

With drunk driving be included in the Criminal Code and the improvement of people’sawareness of the law,substitute driving for drinkers as an emerging industry came intobeing,it provided a relatively safe choice for drinkers and maintained the traffic orderof the city better.Drunk driving on behalf of may be involve the interests of theparties.In case of disputes,there is no legislative basis of a clear solution to thedispute.So that the drunk driving on behalf of the industry is developing rapidly,whilethe industry is also facing some problems.The main problems the industry on behalfof driving drunk facing are:the controversial nature of the contract on behalf ofdriving,unclear effectiveness of the contract on behalf of driving signed by drunkenowners in the state of consciousness,and unclear identification of damage liabilityonce accidents happened in the process of driving.The main reason is that our countryhas no clear legislation to regulate them.Aiming at in-depth analysising theseproblems one by one,and aimed at clarify the legal issues related to driving on behalfof the contract,the contracting capacity issues of drinkers and the issue of liability fordamages,in order to be able to provide some useful suggestions to resolve conflicts ofinterest related to the subject through the study of relevant theories.In this paper,themajor problems of drunk driving on behalf of the industry are leaded by a case.First,itexplores the legal property of drink-driving on behalf of contracts.This paper carries out in detail of several views about dispute awareness of thecontracts’ law property,such as Commission,Employment and Contract.Throughcomparative analysis, we believe that there is significant difference although thecontract on behalf of driving and these typical contract are similar in nature,so itshould be a nameless contract.Secondly we discuss the issues of drunken men’s abilityto contract.For domestic-related issues in the field of civil contract does not clearlydefined,we learned the relevant legislation in Germany, Japan, Britain and otherrepresentative countries,and concluded that drunk driving on behalf of the contractsigned by drunk people should belong to the necessities of the contract and can berecognized as valid or voidable based on whether the transaction price isreasonable.Finally, we discuss the issue of the sharing of responsibility for damagesafter the accident occurred during driving on behalf of.This paper clarify the issue ofresponsibility to personal injury and property damage of accidentscounterparty,owners and drivers by the study of basic theory and recognized standards of accident liability for damages identified and the combine of legislative status andactual situation in China,hope to provide some useful references for the operation ofthe legal practice.