Analysis On The Tort Liability Of Motor Vehicles Drunk Driving In Traffic Accidents

As a new social affair,motor vehicle driving under the influence of drinking and drunk provides convenience for people,but also brings legal problems.In the face of the challenges brought by this new type of affairs,how to make it possible to determine and stop disputes has become the main task of the current judicial practice and theoretical circles.Starting from the judicial practice and theoretical disputes of drunk driving,this article intends to focus on the identification of the legal relationship of drunk driving,clarify the subject of infringement liability and responsibility,in order to provide different ideas for solving judicial practice problems.This article analyzes the tort liability of motor vehicle drunk driving in five aspects.The specific content includes: The first part is an overview of motor vehicle drunk driving,which clarifies the concept of motor vehicle drunk driving.Defining the scope of damage caused by subsequent generations of driving,and confirming that the damages studied in this article only include the scope of causing damage to four or three persons outside the vehicle.Secondly,according to whether drunk driving needs to pay corresponding consideration,it is divided into drunk compensation There are two types of driving and driving without compensation after drinking;the second part is the judicial case and judgment disputes of motor vehicle driving under the influence of alcohol.The analysis is based on the judicial case obtained from the judgment document online,and the behavior of driving under the influence of alcohol in judicial practice is summarized.The three major disputes in the adjudication;the third part is the analysis of the legal relationship between drunk driving and driving.It summarizes the disputes about the legal nature of such behaviors in judicial practice and theoretical circles.Under the circumstance of drunk driving,it belongs to the contractual nature of the contract.In the case of drunk and free of charge,it belongs to the legal relationship of friendship or unreasonable management;the fourth part is the determination of the main body of infringement liability for motor vehicle drunk driving accidents.Based on the observation and analysis of foreign legislation,it is believed that the traditional dualism approach is difficult to solve the problems in the actual judicial practice.On this basis,the relative dualism approach is proposed.The conclusion that the person who was driven on behalf of the driver is the subject of the tort liability;the fifth part is the responsibility of the tort liability of the motor vehicle in the traffic accident of drunk driving.From the analysis of the two types of compensation after drinking and free after drinking,the final conclusion is that If the driver is at fault,he shall bear the conclusion that he is not really joint and severally liable.