Research On The Compensation Legal Problem Of Common Alcohol Induced Compotation People Damage

With the help of China law-info case database, by investigation and statistical analysis, we can know that the following problems exist in all over the court of common drinking virulence cases in the referee: there are different codefendants in common alcohol virulence cases. In the trial of common alcohol damage caused by the case, the principle of imputation court for inconsistency. Some courts have applied the principle of fault liability and the principle of equity, and others only apply the principle of fault liability. This paper studies the damage caused by the shared behavior which is aimed at that the common number should be more than two people(including the number itself), no ceiling. And drinking by oneself is not the scope of the study; the parties only are limited in the scope of the agreed meaning of that common drinking, including the guests participants of large gatherings, weddings, and the service entertainment performers and other auxiliary personnel are not included; common drinking time origin of virulence cases is when the compotation people reach the appointed place, and the end time should be to study the factors of compotation people physical condition; the cause of injury is due to alcohol effect, either directly or indirectly leading to drink a human being to come to harm. The damage caused by drinking behavior shall assume the liability of compensation for damage, because the shared nature of behavior is behavior which has dual nature. It is not only the friendship of tort, but also is the fact behavior. The only imputation principle of common alcohol virulence cases is the principle of fault liability. The principle of fair liability should not be abused in this kind of cases, to prevent the wanton expansion of the court discretion. And the principle of equitable liability is using under the premise that identification of the party shall be liable for compensation, to deal reasonably with distribution of the parties. Application of the principle of fault liability is the evaluation of the compotation people’s fault, and the fault recognition is established on the basis of the facts of the case, but is not completely the evaluation of the facts of the case; the evaluation of whether the compotation is wrong is to evaluate the compotation people virulence compotation behavior, and it doesn’t have a matter with harmful consequences. Using Hand formula,compared the prevention cost with the expected accident costs, we know that if compotation prevention cost is less than the expected accident costs, then the compotation has fault, because of the emergence of compotation people as long as a little prevention can avoid other compotation personal property damage consequence. In addition, we also take into account of the assignment problem of burden minimum attention duty between victimization compotation people and tort compotation people, and the lower than expected social costs bear minimum attention obligation. By comparing the cost of prevention, we can know the victim has the lowest compotation; therefore, when damage cases caused by drink happen, the victim compotation people themselves shall bear the liability for negligence, which reflects that everybody should be responsible for their own lives. The share of tort behavior is as the division basis of the common fault of drinking virulence cases, and the cases are divided into other compotation people lead to the occurrence of the damage through a deed, other compotation people lead to damage not through a deed etc. According to their different common drinking in the role and status in the process compotation people is to undertake the different responsibilities.