Research On The Issue Of Tort Liability Of Co-drinkers

In recent years,contradictions and disputes caused by joint drinking have appeared in large numbers in China,and many courts have also made corresponding judgments on such cases.However,in our case,our law only has the general provisions of Article 106 of the General Principles of Civil Law on non-infringement,and lacks the corresponding interpretation of the victim ' s infringement of the victim.Therefore,the judge is often discretionary in handling such cases,resulting in the case.The judgment results are quite different.For example,whether there is a causal relationship between the drinker's obligation and responsibility for the victim,the drinker's persuasion behavior and the drunken person's damage,how to define the infringement behavior of the drinker,and how the shared drinker assumes responsibility.There are a lot of differences on how to divide the proportion of compensation for victims to victims.These problems in judicial practice will affect the identification and commitment of the responsibility of the drinkers.Therefore,this paper analyzes several problems mentioned above,and points out the defects of the law,and puts forward their own views,causing damage to the common drinking.The settlement of the case provides some advice.The first part of the article uses the method of empirical analysis to sort out the related cases in which the people in the judicial judgment in China have caused the same drinker damage.Through the enumeration of cases,it is pointed out that when the court refers to such cases,whether the co-drinkers are responsible for the victims,what kind of infringing behaviors the co-drinkers have against the victims,how to take responsibility,and the compensation of the victims by the drinkers How the ratio divides the disputes on the three issues.The second part of the article analyzes the theoretical basis for the responsibility of the drinkers to the victims.A total drinker may have an early behavior in the process of drinking,resulting in a duty of care for the drunk.It should be noted that this safety attention obligation is different from the full guarantee obligation,and the subjects to which the two apply are not consistent.As for the criteria for judging whether the obligation is completed,the "reasonable person standard" should be adopted,that is,the co-drinker only needs to fulfill the obligations that the normal person should pay attention to.For example,in the process of drinking,the drinkers only need to make reasonable exhortations and remind the drinkers not to drink morealcohol.However,after drinking,it is not enough to advise the drinkers not to drink and drive.The drunkard is sent to a safe environment.Therefore,the author believes that the co-drinking person does not fulfill the safety precautions during the drinking process or after the end of drinking.It is a major fault,and has a causal relationship with the loss suffered by the drunkard.It is necessary to bear the tort liability for the drunkard.The third part of the article analyzes the forms of infringement behavior and responsibility of the drinkers.When a third person is not involved,if the total drinker is only one person,the infringement behavior of the drinker to the drunk is a separate infringement.If there are several people in the group,it is necessary to discuss the situation.The deliberate infringements caused by malicious drinking of all the drinkers shall cause the injure of the drunken person to be a joint infringement.The responsibility of the co-drinkers shall be joint and several liability;there shall be a co-drinking person who has malicious drinking and forced drinking,and The co-drinkers who do not fulfill the safety precautions,the infringement behaviors that cause the drunken people to damage together shall be the co-opetition of direct infringement and indirect infringement.The co-investors shall not bear the joint and several liability,and ultimately the malicious drinking and the forced drinking.The co-drinker compensates the victim;the indirect infringement of the co-drinkers based on the failure to perform the safety precautions,the indirect infringement that causes the intoxication of the drunken person shall be the infringement of the two or more persons as stipulated in Article 12 of the Tort Liability Law.The infringement that causes the same damage and can determine the size of the responsibility,that is,the result of the injury of the drunken person is caused by the combination of the faults of the various drinkers,and each drinker should bear the responsibility.There are two main situations when a drinker is involved in a third party's infringement.One is the loss caused by a third person who is insulted by a drunken person.At this time,the drinker must bear the corresponding supplementary responsibility within the scope that the third party cannot compensate,and the other is the loss suffered by the third person due to the drunken person.At this time,the drinker must bear the corresponding supplementary responsibility within the scope that the drunken person cannot compensate.The fourth part of the article is an analysis of the compensation standards of the victims.When the infringement of the drunken person does not involve a third person,the main reason for the injury of the drunken person is the laissez-faire of his own drinking behavior,so theco-drinker only needs to bear the secondary responsibility,and the responsibility is limited to20%.The share of responsibility within each drinker needs to be determined according to the actual situation,according to the role played by the drinkers during drinking and after drinking.When the infringement of the drunken person involves a third person,whether the drunken person suffers the loss of the third person or the loss suffered by the third person,the limit of the supplementary responsibility of the drinker should also be controlled Within 20%.