Study On Tort Liability Of Common Alcoholics

Alcohol can activate atmosphere,promote communication,but excessive drinking has a lot of safety risks and dangers.With the increasing number of cases caused by joint drinking,only relying on moral constraints cannot effectively protect the legitimate rights and interests of people,meet the requirements of social development.Therefore,the law is needed to adjust the joint drinking behavior in order to reduce the adverse impact of improper drinking behavior on the society.At present,there is no uniform regulation on joint drinking infringement cases in Chinese law,and the court decisions are different from each other.Through the method of case study,this paper finds out that there are three kinds of judicial results of joint drinking tort cases in our country,such as the responsibility of the drinker,the appropriate compensation of the other co-drinkers and the liability of the co-drinkers.However,there are great differences on the theoretical basis of the responsibility of the co-drinkers,the principle of imputation,the form of responsibility and the division of the proportion of the responsibilities of the co-drinkers.The current situation of different judgments of such co-cases is not only difficult to effectively play the guiding role of the law,but also not conducive to strengthening the judicial credibility and achieving social fairness and justice.Therefore,on the basis of the analysis and study of joint drinking infringement cases in our country’s judicial practice,this paper points out the problems existing in the process of dealing with joint drinking infringement cases in the court,analyze the theoretical basis of joint drinkers to bear tort liability,the form of responsibility,responsibility ratio and other issues and put forward their own views.This article is mainly divided into three parts to carryout the analysis to the joint drinker’s tort liability:The first part,from the specific cases,summed up the judicial practice in the existence of inconsistent judgment results,unclear theoretical basis and other issues,leading to the joint drinker tort liability discussion.The second part mainly analyzes the theoretical basis of joint drinkers to bear tort liability to define the nature of joint drinking behavior.According to the different results of the judgment,it analyzed the court in judicial practice when making such a decision on thebasis of theoretical basis and defects.And from the perspective of leading behavior and special relationship,the theoretical basis of joint drinkers to bear tort liability is analyzed.The third part,on the premise that the joint drinker needs to bear the responsibility and the theoretical basis of the responsibility,from the imputation principle,the responsibility form,the responsibility proportion division and the disclaimer and so on,it determined joint drinker’s tort liability.