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The Case Study On The Liability Of The Drinkers For The Injury Of The Co-drinker

Posted on:2011-06-07Degree:MasterType:Thesis
Country:ChinaCandidate:X J RenFull Text:PDF
GTID:2166330338988701Subject:Law
Abstract/Summary:PDF Full Text Request
In our life, drinking is an important way for people to express emotion. Drinking is not a legal behavior itself. Our civil law doesn't provide the rights and obligations between the co-drinkers. In this article, the author, based on the analysis of these cases in the judicial practice in China, classifies the cases about the damage arising in the drinking and points out the problem existing in the applications of law. In the article's conclusion, the author puts forward his own standpoints about drinkers'obligation and commitment to the damages of the co-drinkers.This paper is divided into five parts to discuss the issue about the drinkers'obligation and commitment to the damage of the co-drinkers. Various parts of the contents can be summarized as follows:Part I: Through summarizing the common phenomenon of the damage after drinking in our life, the author introduces the issues about the drinkers'obligation and commitment to the damage of the co-drinkers.Part II: This part mainly summarizes the cases about the damage after drinking in the common judicial practice. Further, the author classifies the cases into different categories.Part III: In this part, the author classifies the judgments about the damage after drinking in the common judicial practice into three categories based on studying these cases.Part IV: Based on the theoretical analysis of the judgments about the drink-induced damage after drinking in the common judicial practice, the author points out the flaw in them.Part V: The author puts forward his own standpoints about drinkers'obligation and commitment to the damage of the co-drinkers based on the analysis of the issues about the drinkers'obligation and commitment to the damage of the co-drinkers in the judicial practice in China.
Keywords/Search Tags:co-drinkers, the results of the damage, liability for damage, the duty of care, the People's Court
PDF Full Text Request
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