Research On The Responsibility Of Paid Driving Accident

Since the drunken driving of motor vehicles was punished in 2011,paid driving as a new industry began to develop rapidly;However,China ’s laws and regulations on paid driving are not sound,which makes it difficult to deal with disputes arising from paid driving accidents in legal practice,not only to dispute the legal relationship of the parties,but also to determine the standard of the accident liability clear;This situation will not be able to fully protect the legitimate rights and interests of all parties,including the injured party,nor to maintain the credibility of the court’s decisions.Therefore,it has become an important problem in theory and practice to clarify the legal relationship of paid driving and correctly identify the main body of responsibility for paid driving accidents;It is also an important premise for settling disputes caused by paid driving accidents.Firstly,this paper introduces the definition,characteristics and other basic concepts of paid driving;In addition,this paper makes a theoretical analysis of the four main theories of the legal relationship of paid driving,and concludes that the legal relationship between the driver and the driver in paid driving is the contract relationship.Secondly,through the comparative law,the author analyzes the theory of identifying the main body of liability for paid driving accidents at home and abroad;In addition,this paper makes a theoretical analysis on the recognition standard and responsibility distribution of different types of paid traffic accidents.Then,three real cases are taken as the starting point to conduct a detailed case analysis to explore the practical dilemma of different legal relationship of paid driving in the responsibility bearing of paid driving traffic accidents,unclear principle of responsibility subject,lack of unified specification of driving contract and imperfect industry specification of driving market.At last,the paper puts forward some pertinent and practical suggestions from three aspects of legislation,judicature and industry.This paper expects these suggestions to provide the relevant theoretical basis for solving the legal disputes caused by paid driving accidents;The purpose of this paper is to promote the paid driving industry to meet the development needs of China’s market,but also to provide more convenience for people’s happy life.