Practice Analysis Liability Insurance Payment Drunk Driving

In recent years, road traffic accidents caused by drunk driving than the previousincreased in our country."The People’s Republic of China Road Traffic Safety Law","Motor Vehicle Traffic Accident Liability Compulsory Insurance Regulations","Motor Vehicle Traffic Accident Liability Compulsory Insurance Clause" And"Criminal Law" Amendment (Eight) has been introduced to maintain traffic order, ofgreat importance to prevent and reduce traffic accidents. But, there are manydifferences between claim of the third party liability insurance of drunk driving andTraffic Accident Liability Compulsory Insurance at present, either in theory or injudicial practice. In this paper, by citing the relevant cases in the judicial practice, toshow different views of the third party of drunk driving practice liability insurance,different legal provisions, from the commercial third party insurance and compulsoryinsurance of drunk driving is analyzed by the reason of the responsibility to advancethe compensation liability and improve the traffic accident victim of society reliefand other aspects, the author’s point of view is showing as follows: our insurance oflegislation is a policy to some extent in the beginning, and it is located incommercial insurance in nature, so, in view of the present situation of our country,social function should not be expended ceaselessly in our country. In accordancewith the provisions of " article22of Traffic Accident Liability CompulsoryInsurance regulations", in case of drunken driving caused third injuries, theinsurance company should pay rescue expenses, and must recover the injurer in therange of compulsory traffic accident liability insurance liability. Traffic accident isthe inevitable product of industrialization of the society. it is a fundamental way tostipulate more effective protection in traffic accident victims’ rights, through socialrelief mechanisms to improve the social security system, road traffic accident and social rescue fund system, construction of road traffic accident victims.