Study On The Damage Compensation Liability Of Co-drinkers To The Drunk

Co-drinking is a means of expressing emotions in our daily life. However, infringement disputes of co-drinking are tending to rapidly ascend. And the courts identify dissimilarly on the liability for the tort of co-drinkers lead to injustice. By consulting a mass of documents and analyzing typical cases, in this paper the author suggests co-drinking is a kind of friendship behavior in social aspects, which is unpaid and not restrained or controlled by law. Accordingly,there is the acting obligation between the drinkers, only in case of a breach of the obligation could the courts intervene. Besides, when we recognize the tort liability, not only define it by the concepts of content, restriction, performance standard of the acting obligation, but also the compensation ratio should be depended on the situation, achieving fair and reasonable balance.Finally, it strives to reach juridical practice.The first part introduces some relevant cases and their decision analysis, through a series of case analyse the trend and problems of the judicial practice in China.The second part describes the theory of this paper, including the legal property and characteristics of co-drinking, the legal basis for the tort liability of the people.The third part mainly investigate and draw on the experience of foreign related theory and legal precedent, then analyze their difference.The fourth part will proposes some countermeasures are put forward. Firstly analyzes the acting obligation of co-drinkers, including the subject, content, restriction, performance standard of it. Then it is about the casual relationship between co-drinkers' omission and the facts of damage, co-drinkers have subject fault. Finally the paper analyzes the infringement liability of the co-drinkers and the compensation ratio in difference situation.