Tort Liability Of Common Drinkers

Profound culture deposits of alcohol in China nation could date back to ancient times. Alcohol is a kind of etiquette which is necessary treating friends. With development of the times, the alcohol culture is going far away from traditional positive energy that is caused by weak law consciousness from people. Because tragedies made by traffic accidents are taking on every day, the social orders are broken; meanwhile civil legitimate rights are also suffering from risks. Tort liability system has met lots of impediments in judicial cases based on liability for fault, so it means that the judicial department has difficulties handling crime cases of drunk driving which are more complicated and diversified. In order to reduce tort cases resulted from drunk driving, carry on the law more smoothly, make people’s life safer, increasing levels of authorities for judicial system has to be emergent.Currently, normalization and guidance on tort of co-drinking are inadequate in China, so this paper has more theoretical and practical significance in analyzing co-drinking tort cases and studying, which is reflected in following three aspects.First, the paper could improve safety and righteousness of the society in terms of protecting legitimate rights of drinking victims and setting up a perfected co-drinking system; Second, enhance system of law of the whole people, so civil law system is more scientific. Studies on co-drinking tort cases make tort liability law more scientific and normalized to put into practice; civil law could become improved in compliance with it.Third, studies on co-drinking tort liability provide evidence for judicial departments. In reality, drinking tort disputes happen occasionally even exact law directions are close. For such kind of disputes, judges can not handle them in the same way and dogmatic. What’s considered suitable behavior is to explain provisions of law in detail, as a result legitimate rights of the sides involved in the case could be protected, so is justice of law.