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Analysis Of The Liability Of The Joint Drinker For Damages

Posted on:2017-03-09Degree:MasterType:Thesis
Country:ChinaCandidate:S Y WangFull Text:PDF
GTID:2356330485995667Subject:Law
Abstract/Summary:PDF Full Text Request
Legal norms for social behavior, should serve the social life. The law should be along with the social life rhythm speeding up to keep pace with the times. Our country wine culture has a long history, drinking is custom background deep party. The purpose is enhance feelings, build atmosphere. But now for vomiting-inducing toasts, drinking and gambling. In recent years, the case because of drinking together more and more, beyond the scope of morality. Law has not stipulated about this. China is vast territory, regional cultural differences, drinking customs different. The judge's professional quality have high and low. The same case, judgment of different result, hard to avoid controversy. Needs the law make that clear to solve the problem of judicial practice, increase the credibility of judicial to reduce the damage of drinking together. In this paper will expound three questions; The first part, through analysis of the typical case list Case of legal problems.The second part, instruction theoretical basis and responsibility. The third part, thinking of damage compensates responsibility of drinker: The liability exemption condition of drinker application fault liability presumption, the standard of security obligation. The proportion to damage compensates responsibility. The liability exemption condition of liability exemption condition.
Keywords/Search Tags:Drinking together, Tortious liability, Security obligation
PDF Full Text Request
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