Analysis Of The Infringement Liability Of The Co-drinkers

It has a long spirit culture in China, “No Wine No Seat” is the best prove of spirit culture. However, there are more and more damage events happen in the process of drinking, because of urging others to drink and betting in drinking. Moral constraints cannot properly deal with damage events that caused by tort, it needs a special law to ensure the rights of drinkers in this kind of damage events.At present, there is no unified stipulation to deal with the damage events which caused by joint drinking. It always lead to different results in the same kind of damage events, because of the judge's different professionalism and different local drinking customs. First of all, this paper leads to the thesis by several cases, defines the Joint Drinker and the Joint Drinking and sums up damage events that caused by wrong common drinking behaviors.To bear tort liability is a constitutive requirement of tort liability law for joint drinker and it has legal theory as a basis. This paper analyze source of act-obligation in joint drinking case, liability distribution,imputation principle and liability exemption of joint drinker in detail.It needs to constantly improving lawmaking to completely solve joint drinking cases. Joint Drinking tort case is very close to our life. I hope the article can provide a reference to the liability distribution in the processing of dealing with practical joint drinking tort case, so as to realize the effective norms to social life by law and promote the building of a harmonious society.