有偿代驾行为法律问题调研——以西宁市为例

A Research on the Legal Issues of Paid Driving—Taking the Case in Xining as an Example

自《刑法修正案(八)》通过以来,"醉驾入刑"极大地促进了代驾行业的飞速发展,有偿代驾行为所引发的问题也越来越受到人们的重视。有偿代驾行为存在代驾公司良莠不齐、代驾人准入门槛低以及有偿代驾行为涉及的法律关系复杂等问题。通过对西宁市有偿代驾市场的实地调研,分析目前西宁市有偿代驾行为的具体情况,提出了规制代驾公司与代驾人、明确其法律责任以及完善被代驾人权益损害救济机制等建议。

Since Amendment VIII to the Criminal Law,＂drunk driving into the punishment＇has greatly promoted the rapid development of the driving industry. Such problems of paid driving have become a great concern as the uneven qualities of driving companies, the low requirements for qualifications of designated drivers and the complicated legal relations involved in the action of paid driving. The analysis on the exact situation of paid driving in Xining suggests that driving companies and designated drivers should he regulated,their legal duties be identified and the mending system of the harm done to the client be perfected.