Comment On Mr.Dai Appeal Mr.Tang Infringement Case

China has a long history of drinking wine, drinking is a kind of normal social activities, this does not belong legal adjustment, but in recent years more and more case of drinking together produced damage compensation dispute to appeal to the court are, because of the lack of corresponding specific law, court have different sentence for similar cases. Some courts believe drinking together is an act of friendship is not civil law adjustment of social relations, the defendant does not assume legal responsibility. Some court believe, our country law does not have the duty to help each other between common people drinking, therefore can only give the victim a certain economic compensation according to the fair responsibility. And the court said, the leading behavior of drinking together for a duty of care, drink one if there is no active fault is the result of the damage, the performance of the obligations shall bear tort liability. The last point of view, the author agree according to the theory of tort, fault behavior person liable for damages of the victims according to the real fault is that some kind of civil obligation violation behavior, this article obtains from the damage a common drinking disputes analysis whether each main body should assume civil obligations, if ought to assume obligations, should undertake the duty of care, safety, or management responsibilities obligations, only the defendant violated the corresponding obligation, the plaintiff can claim for damages, the defendant shall be admitted violation of the obligation of tort liability. Common drinking behavior itself is a kind of friendship, but when drink people enter a state of drunkenness, lost the ability of protect themselves, and others created a duty of care, friendship infringement behavior will be converted into friendship, if not actively to perform the duty of care, care for the occurrence of harmful consequences have fault, shall bear tort liability; On the other hand, as the defendant’s public manager has the legal safeguards obligations, public area administrative departments with management responsibilities and obligations of if you do not fulfill its obligations, also in violation of the obligations of tort responsibility.