Research On The Determination Of Drunken Driving Motor Vehicle Traffic Accident Liability Compulsory Insurance Responsibility

In recent years, China’s drunk driving traffic accident by explosion." Road traffic safety law "," motor vehicle traffic accident responsibility compulsory insurance regulations " and " motor vehicle traffic accident responsibility compulsory insurance clause " is introduced for maintaining road traffic order, preventing and reducing traffic accidents has important significance. However, the court in drunken driving insurance to pay strong responsibility there still exist many problems. This thesis start from theoretical analysis of the motor vehicle traffic accident liability compulsory insurance system, Motor vehicle traffic accident liability compulsory insurance liability is illustrated, in analyzes our country present drunk driving Motor vehicle traffic accident liability compulsory insurance responsibility present situation and in the question foundation, how to solve the drunken driving insurance to pay strong responsibility confusing problem research. It mainly includes the following content:The first part, drunk driving Motor vehicle traffic accident liability compulsory insurance liability theory analysis. First cross-risk legislation background to explain, and cross-risk basic concept, nature, function and so on, then clearly drunk driving cross-strong insurance liability exception responsibility nature. In order to reveal the drunken driving motor vehicle traffic accident liability compulsory insurance cognizance particularity.The second part, drunken driving motor vehicle traffic accident liability compulsory insurance with an overview of the current state and analysis of problems. Mainly introduces our drunk driving motor vehicle traffic accident liability compulsory insurance responsibility legislation present and practice drunk driving motor vehicle traffic accident liability compulsory insurance liability of predicament, exposing the responsibility basis is not uniform, responsibility cognizance is not uniform, the scope of responsibility cognizance of unified abnormal phenomenon, through the analysis of the case method, summarizes these phenomena brought harm, and sum up the responsibility of qualitative rules of conflict, there is a fixed liability scope definition is unknown, the superior court guidance is insufficient, the insurance company abuse the right of appeal from the reason of these phenomena.The third part, drunken driving motor vehicle traffic accident liability compulsory insurance responsibility to solve the problem. For drunk driving motor vehicle traffic accident liability compulsory insurance liability in practice the problems existing in the main reasons are analyzed, and then some advice to solve the problem, mainly include:ensure that the legislative idea of unity and perfect rationality, drunk driving cross-strong insurance liability of relevant laws and regulations, strengthen between upper and lower courts trial business communication AC.