醉酒驾驶在交通违法原因中占据了很大的部分,且醉驾在以往也只是按照一般违法行为进行处理,这明显与其危害程度不相符合。《刑法》修正案八将醉酒驾驶列入刑事犯罪的惩罚范围,是一种进步。但,一般醉驾在赔偿时,又采取侵权的相关认定程序,而对于醉驾侵权的认定,主要是对侵权主体的认定;特别是在驾驶人死亡,无力赔偿的前提下,是否应当追究售酒者、共饮者的责任;将售酒者和共饮者的责任纳入到考虑范围是必要的。 Drunken driving accounts for a large part of the traffic offense, and drunk driving was handled only in the past in accordance with general offenses, which clearly did not correspond to the degree of harm. Amendment 8 to the Criminal Law to include drunken driving in the scope of penalties for criminal offenses is an improvement. However, drunk driving in general compensation, but also to take the relevant procedures for the identification of infringement, and drunk driving infringement identified, mainly to identify the infringer; especially in the driver’s death, inability to compensate for the premise, should be held sellers , The responsibility of co-drinkers; it is necessary to take into account the responsibility of the sellers and co-drinkers.