The Study On The Tort Liability For Co-drinkers Related To The Drinkers Died

In China's traditional culture,drinking has become the important contact social means.But in recent years,the tragedy of the drinking accident is not in the minority,how to prevent the frequent occurrence of the tragedy from room is the original intention of the discussions on the tort liability of the drinkers for the death of the co-drinkers.As drinkers tort law is no unified regulation leads to different verdict about similar cases in the judicial practice opposite,which not only seriously affect the authority of the law,but also brought to the citizen chaotic behavior guidance,make people from nothing.This article will be discussed from the following five parts:The first part,it is general definition for drinkers tort liability.Including definition of to drinkers,to the relationship between the drinkers,definition of drinkers tort liability and the analysis of characteristics of this tort liability.Drinkers,including the organizers of the common drinking and drinking behavior person together,there is a special relationship between them,based on this relation for drinkers tort liability provides identity basis.Drinkers tort liability is some people tort liability,the particularity of drinkers tort liability is nonfeasance tort liability.The second part,it is a basic theoretical analysis for drinkers bearing tort liability.Including the safety guarantee obligation theory,interest measure theory,social theory.These theory commonly prove legitimacy about drinkers tort liability.The third part,it is about the cognizance of drinkers tort liability.This part mainly discusses principle of attribution,constitutive requirements and the plea instance of the drinkers tort liability.Drinkers tort liability apply to fault liability principle,and adopting the fault presumption in the concrete application.Under the principle of fault liability discusses constitutive reqiirements and tne plea instance of drinkers tort liability.Components of drinkers tort liability include:tort of impairment,drinkers's bahavior what they should be not,drinkers's fault and causality.Negligence offset,the reason of the third person,unexpected events together constitute the plea instance of drinkers tort liability.The fourth part,it is an analysis about froms of drinkers tort liability.According to the responsibility is a form about drinkers tort liability,the supplement responsibility is a special form of drinkers tort liability.The fifth part,it is some legislation suggestions about our country drinkers assuming tort liability.At present,the theoretical study of drinkers tort liability is not much,also is still a blank in the legislation,so in the future legislation,it is necessary to drinkers security obligation in tort law to make a clear positioning.The rules of drinkers bearing tort liability should be fine-tuned.Will processing rules of all kinds of drinkers tort cases divided into bearing rules of the forced drinking cases,knowing oach other tended to drink still advised case and other types of drinking cases.After all kinds of drinkers tort cases are divided,you should also consider the related factors:the fault,reason and other factors.Elaboration of all kinds of drinkers tort cases bear rules will be conducive to protect the lawful rights and interests of the parties,and more conducive to maintaining the seriousness of judicial organs.