Research On Civil Law Issues Of Drunk Driving

With the development of society and the gradual improvement of people’s living standards,private cars have gradually become a means of transportation for people to choose to travel,and their number is also increasing day by day.According to statistics from the Ministry of Public Security at the beginning of 2020,the number of private cars in the country exceeded 200 million for the first time in 2019.As of the end of December 2019,compared with 2018,the number of small passenger vehicles increased by 19.26 million,an increase of 9.37%.The Ministry of Public Security announced on December 27,2019: From December 24 to December 25,a total of 13,000 drunk driving and drunk driving were investigated and handled nationwide,of which 1,027 were drunk driving.This data shows that as the number of private cars continues to rise,the situation of drunk driving and drunk driving is also constantly developing.In 2011,my country incorporated drunk driving into the criminal law in the "Amendment to the Criminal Law of the People’s Republic of China（8）",causing people to pay more attention to drinking and driving.As an emerging thing,“drivers after drinking” have imperfect laws and regulations and inadequate administrative supervision,which makes the service process of drunken drivers have a series of problems such as unclear contract nature,uncertain subject of responsibility,and vague legal relationship.This article analyzes the development of the "representative driving" industry after drinking and the civil legal relationship arising in the process of "representative driving" after drinking,and combines my country’s existing practices with regard to the problems that arise during the operation of "representative driving" after drinking.,Put forward your own point of view,perfection is insufficientThis article discusses the civil law issues of drunk driving through four chapters.The first part mainly expounds the relevant theoretical basic knowledge of drunk driving,and through enumerating cases,the nature of the contract that appears in the drunk driving service and the unclear responsibility bearer after a traffic accident are introduced.The second part analyzes and discusses the nature and effectiveness of the drunk driving contract that appeared in the case,and believes that the drunk driving contract should conform to the current mainstream view and be regarded as a contract.The third part discusses the issue of the identification of the responsible party in the event of a traffic accident.Finally,through the reference of relevant laws and regulations outside the territory and effective experience,he gave his own suggestions and opinions,and believed that the insurance contract for drunk driving can be established to protect the rights and interests of the parties and to determine the validity of the drunk driving contract.