Cases Study On The Liability Of Joint Drinking

As a state of courtesy,Chinese people have attached great importance to reciprocity since ancient times.The purpose is to enhance the friendship between each other.Because of the great effect of alcoholic drinks,drinking is becoming more and more popular,and joint drinking becomes a common social intercourse behavior.In recent years,this kind of incidents occur frequently,some judges believe that all of the alcohol drinkers shall bear tort liability,some judges think that joint drinkers do not need to bear civil liability.With a joint alcohol drinker lead to infringement damage compensation cases,different main body may have a different point of view,and the victims and other alcohol drinkers prone to conflicts of interest,such as not fair treatment will affect social harmony and stability.Folk in China,the idea of no suit is deeply rooted in the hearts of the people that people don't want to hurt the gas,some people drink because of the show or will take the initiative to assume part of the liability to pay compensation for sympathy and other reasons,or silence,in the forn of settlement money to avoid disaster.When the injury consequence is serious,the parties shall bear the liability of too large,or disputes to drink people economic and psychological pressure is strong,disputes between the main body is hard to come to an agreement will be in a legal battle.Generally speaking,the judicial referee for the behavior of qualitative centered on whether belong to the friendship between tort,drink any rescue responsibility,drink the existence of tort,whether to set up the common infringement,drink tort liability allocation problem.Effect by introducing the current court ruled that the typical case of the discussion of this topic can definitively answer:problem of related dispute focus most judicial decisions that common infringement of the other drink after drinking people set up a joint tort,common drinking the caller,the organizer shall be responsible for relative major,other participants shall bear the liability is relatively minor.Drink,meanwhile,people on the basis of tort liability is mainly leading behavior theory,the safety guarantee obligation,drink is dangerous and generated based on the behavior of the first to remove the danger of specific responsibility,if the risk happened lead to adverse consequences,drink one must assume responsibility according to law;The principle of liability should be applied strictly to the principle of fault liability,and the principle of fair liability should not be applied.About the scope of the compensation liability and alleviate and eliminate situations,people drink the specific duty in the process of the whole case,can be required to bear the responsibility to be reduced or remitted.In the end,the author puts forward some Suggestions for improving the problems in practice.To grasp the constitutive elements of the tort liability of the drinker strictly;The principle of unified imputation applies--to prevent the abuse of the principle of fair liability.