The Study On The Omission Tort Liability Of Co-drinkers

The number of civil suits filed against the co-drinkers for the damage occurs after co-drinking keeps raising in recent years.It reaches a consensus that if the damage is caused by behavior like urging or forcing to drink,the co-drinkers should bear the tort liability.When it comes to the omission tort of the co-drinkers,verdicts outcome diversely due to the absence of unified regulation.The inconsistency in understanding and judging criteria of act duty among co-drinkers from different courts confuses people.Hence,a study on this kind of tort liability is necessary.The legitimacy of the act duty among co-drinkers was expounded from theoretic aspect.This dissertation summarized the existing problems in judicial practice through the searching and empirical analysis of legal precedents.Take expect as the constitutive requirements and responsibility confirmation of co-drinkers' omission tort liability to provide suggestions.This issue is discussed in the following four parts.Chapter one outlines the omission tort liability of co-drinkers,including the nature of co-drinking behavior,the range of co-drinkers,and the definition of omission tort.Chapter two analyzes theories support of the act duty among co-drinkers.Theoretically,behavior in advance is the source of act duty,since co-drinking is defined as a behavior in advance,the legitimacy of act duty among co-drinkers can be deduced.Chapter three studies the judicial practice on the omission tort in China.The verdicts can be classified into three categories after the searching and analysis of judgement documents,following by the indication of the problems and shortages in legislation and judicatory.Chapter four discusses constitutive requirements of omission tort of co-drinkers,and suggestions on the omission tort liability undertaking are also proposed.