The Study On The Tort Liability For Co-drinker Of The People Related To Co-drinking

Law is a mirror of social life, which should apply to the social life as well as keep pace with its change and times. China has a long-standing wine culture. So far, no wine no seats has become a trend. However, a climate of urging, forcing or gambling to drink has arose at the feast. The dispute increases notably due to the damage made by drinking behavior to them. It can not meet the need of society that constraints of this kind of friendship behavior only by moral any more. It is much-needed that there is a legal constraint for this behavior so as to reduce the hazards to the society owing to improper drinking behavior.As there is no unified regulation, the difference of the judge’s professionalism and drinking customs, for dispute due to co-drinking, some only hash to the co-drinker more tort liability while others do not identify the people related to co-drinking have tort liability. In order to make law better feed back into the moral, make judicial practice unified, enhance the public credibility of the judiciary, we think that not only the co-drinkers should bear the corresponding responsibilities, the alcoholic beverage providers should also bear the corresponding responsibilities in certain circumstances based on drawing lessons from foreign relevant practice. Such as the co-drinkers have the safety and security obligation to the related person when there is behavior like urging, forcing, gambling and punishing to drink. Those who failed to fulfill such obligations will bear the corresponding tort liability to the relative person. The alcoholic beverage providers also have safety security obligation when they continue to provide alcohol to the drunk. This paper will be discussed in four aspects as follows.Firstly, take an overview of tort liability of the people related to co-drinking. Include the analysis of the connotation and scope of people related to co-drinking, the legal property of co-drinking, the legal basis for the tort liability of the people and its constitutive requirements. People related to co-drinking not only include co-drinkers, also include the alcoholic beverage providers. Only the relevant people has advance behavior or not fulfill the security obligation, he has tort liability. Co-drinking behavior is a kind of friendship behavior, not once drinking there will be responsibility.Secondly, summarize the legislation and practice of the tort liability of the relevant people in our country. On the one hand are the existing relevant laws and the problems they have, on the other hand is the classification of typical cases and the problems in judicial practice.Thirdly, investigate and draw on the experience of foreign related legal provisions and legal precedent. Such as the legal provisions about the source and criterion of act duty, the doctrine of liability fixation of tort by omission. The legal precedent of hashing to the alcoholic beverage provider liability also provides ideas for this article in the innovation of the apportionment of liability.Finally, this article will be settled in the perfection of the apportionment of liability. It is limited to the case that the co-drinkers suffer damage in this article. We can refer to the discussion of relevant people’s tort liability for settling the case when drinkers harm third party. Therefore this article doesn’t enumerate relevant people’s responsibility to the third party. In this part, the alcoholic beverage provider will be seen as a kind of subject of tort liability, he will undertake more responsibility to drinkers. The article also will put forward some thinking on the identification of relevant people’s fault, the judgment of the violation of security obligation, the form, proportion and exemptions of relevant people’s tort liability. So as to provide reference for relevant judicial practice, realize the effectively govern of law and promote the building of a harmonious society.