The Study Of Security Obligation AmongCo-drinkers

Drinking is an important way for people to express their emotions in our daily life. But the disputes are also increasing due to drinking. Whether there is security obligation during co-drinkers or not, it becomes a focus of disputes in these type of cases. But because the parties have different opinions, the sentences to these type of cases are very different. This phenomenon not only caused the confusion of the masses and the authority of the law has been questioned.This article takes the two cases from Guangxi and Henan as an example. Finding out the reasons of different outcomes with the given two cases, after a comprehensive analysis. It is in turn leads to the discussion of the common security obligations between drinking people. The author will summary and classify the real case caused by drinking in the judicial practice, and then sum up the legal theory and the existing flaw in current judicial practice in dealing with such kind of case,and put forward my view at last.This paper will be divided into the following four parts to analyze the security obligation among co-drinkers.Part one : Through comparing two different sentences to the same kind of cases, the author introduces the issue of the two cases, that whether there is security obligation among co-drinkers or not.Part two: Analyzing the legitimacy bases of security obligation among co-drinkers from two aspects: legal basis and legal theory basis.Part three: Analyzing kinds and the limits of security obligation among co-drinkers combined with specific cases.Part four: The author will analyse the problems and solutions in doctrine of liability fixation, exemptions and responsibilities combined with the actual situation of our country and the analysis of the above summary.