代驾软件事故归责法律问题研究

Research on Legal Issues of the Fault Liability of Substitute Driving Software

随着"醉驾入刑"和互联网时代的普及,代驾软件应运而生。但是,在这样的一个新兴市场,仍旧存有诸多问题难以解决。代驾软件行业监管空白、事故发生的责任界定困难以及行业协会的空缺等都成为值得思考的问题。由于没有统一的法律规定,使代驾软件纠纷案件无法可依,缺乏有效的解决途径。对此,代驾软件公司与代驾车主应认定成立居间合同,而代驾软件公司与代驾司机间认定为雇佣关系,通过对国外经验的介绍对完善国内代驾行业提出建议。

With the provision of drunk driving into the punishment and the popularity of the internet, the sub- stitute driving software has come into being. However, in such a new market there are still many problems to be solved, such as the blind supervision in substitute driving software industry, the difficulties in defining accident re- sponsibility and the lack of industry associations. Because there is no clarified law to follow, some driving software disputes can not be solved legally. A brokerage contract should be used between the company of substitute driving software and the owner of the substitute ear, and the employment relationship should be appropriate between substi- tute driving software company and substitute drivers. Learning from foreign laws, the paper gives some suggestions on improving domestic substitute driving industry.