The Co-drinkers’ Security Obligation Responsibility And Limitation

China is a state of ceremonies, our wine culture is very rich, many people winewith fraternity and regard wine as a kind of emotional bond passed. But because ofdrinking leads to the tragedy happened frequently, how to stop it from the roots, somellow wine could truly become the emotional bond passed, is the purpose of thispaper, by discussing the co-drinkers’ security obligation responsibility and limitation.The security obligation in “Interpretation of the Supreme People’s Court on thecompensation for personal injury on issues of application of law” and The Tort Lawis not so clear, it leads to the application of law is still uncertain, and securityobligation of co-drinkers is one of the focus of uncertainty. In this paper, we willdiscuss the theoretical basis, responsibility and limitation of the co-drinkers’ securityobligation by looking at four different verdicts in similar cases, then put forward animprovement in co-drinkers’ security obligation legal system.The first part introduces some relevant cases and their decision analysis,including the merits, different verdict and analysis.The second part describes the present situation of legal system of the securityobligation in China, including the legal theory, content, source, subject and thegeneralization in legal system status.The third part mainly introduces the historical origin of Civil Law System,including the outline of security obligation legal system in Civil Law System andCommon Law, then analyze their difference.The fourth part describes the co-drinkers’ security obligation responsibility andlimitation. Firstly analyzes the co-drinkers’ security liability from the four elementsof tort in civil law, which is the subject of security obligation do not do it’s duty;victims damage has occurred due to drinking behavior; there is casual relationship between co-drinkers’ Omission and the facts of damage; co-drinkers have subjectivefault. Secondly, to limit the co-drinkers’ security obligation in the foreseeablestandard and reasonable person’s standard. Thirdly, learning from the problems inour co-drinkers’ security obligations legal system, this paper proposes a unifiedapplication of co-drinkers’ security obligations, and thus improve our legal system ofsecurity obligations.