The Research On Legal Issues Of Drive-home Service

In recent years, With the improvement of the China’s national spending power, on one hand motor vehicle ownership in China is increasing, on the other hand the number of people who died in traffic accidents every year in our country is rising. Drunk driving as an important cause of the traffic accident, has attracted widespread attention. With the issue of the Amendment eight of Criminal Law, drunk driving behavior has been into criminal penalties, and so far the country has cracked down on drunk driving behavior. Drive-home service industry has been rapid developed in this background. Drive-home service on the one hand, can maintain the development of public traffic security, on the other hand can protect the driver’s personal and property safety. But our country’s drivehome service industry lack of special law regulation and effective administrative supervision at present, which leads to numerous drive-home service industry chaos, and causes a lot of drive-home service disputes.There are mainly three problems in the drive-home service dispute at present: the nature of the drive-home service contract is not clear; the effectiveness of drive-home service contract is not clear; the cognizance of traffic accident responsibility of drivehome service is difficult. Drive-home service providers in China mainly contain drivehome service companies, hotel and catering service institutions, and private drivers. Drive-home service contract belongs to the nameless contract, so its nature cannot be treated as the same, but should be analyzed concretely according to the different drivehome service type. Because our country has not stipulated drunk people’s contractual capacity in civil law, some people doubt the effectiveness of the contract which signed by the drunk people. In reality some drunk people do not admit the contract after the event, as well as the generation of car company clearly avoid drunken people to sign up the contract in their drive-home service contract. By investigating other relevant provisions of the civil law countries and common law countries, we found that they all gave a comprehensive protection for drunken people who is the special crowd. They teat the contract signed by the drunk people as invalid or revocable contract. When we clear the effectiveness of the contact signed by the drunk people, we cannot totally think it is effective, also cannot totally deny its effectiveness. We should consider the particularity of the drive-home service contract, and draw lessons from other countries about drunk people’s contracting ability and effectiveness of the contract signed by the drunk people. According to giving the drunk people rights to cancel the contact and fully protecting the interests of the drunken people, we should treat the drive-home service contract as the revocable contract. Drive-home service belongs to a kind of special motor vehicle operation mode, the owner of the car is not the driver but does not special rule the traffic accident responsibility in drive-home service. I think that we should combine the judgment standard of accident responsibility with the specific legal relationship between the driver and the owner of the car in drive-home service,and clear each party’s responsibility.At present a lot of local governments are actively carrying out research work, in order to formulate relevant laws and regulations to regulate the drive-home service industry’s development. Research on the related legal issues of drive-home service, on the one hand, can give some opinions when solve the drive-home service disputes in judicial practice, on the other hand also can promote the benign development of drive-home service industry.