Responsibility Research On The Infringement By Co-drinkers' Omission

Drinking as a culture has been in our country for thousands of years.In recent years,as people's living standards have become more affluent,there have been more and more activities for catering,and the damage disputes caused by drinking have gradually increased.Whenever a large drink injury occurs,the original friendship behavior and the thousands of good feelings on the wine table will disappear,victims or their families usually sued the co-drinkers to make up for their losses.However,at this time,because the law does not clearly stipulate the responsibility of the co-drinkers,when the damages occurred,the court has not been able to directly invoke the law as a basis for its own judgment.Therefore,local courts have a great deal of discretion when judging,usually based on the facts of the case,using legal theory analysis,and as far as possible referring to some of the associated laws.This will inevitably lead to the problem with the same case but different judgments,which ultimately damages the authority of the law in people's hearts.Therefore,this article chooses to analyze and study whether or not the co-drinkers should be responsible for their omission during the drinking process in the disputes caused by common drinking,what are the main bases? If it is necessary to bear responsibility,what scope should he bear and what kind of responsibility should he assume?Hope through the study of this article,can provide a discretionary standard for courts to use in the referee of common drinking disputes,so as to completely solve the problem of differentjudgments in the same case that existed in such cases.This article mainly discusses the responsibility of the co-drinker's omission as follows from the following three parts:The first part: Starting from the retrieved cases,comparing the results of the judgment on the damage caused by common drinking in practice.Through the sixty cases reviewed,classification summarizes the three different types of judgments that courts have made for co-drinkers and their respective proportions,then we come to the trend of judging that co-drinkers assume the liability for damages in judicial practice.And through the detailed introduction and analysis of the typical cases of the three common drinking damage disputes,compared the bases and defects of each decision,then come to demonstrate the author's more supportive view of making the co-drinkers to assume the responsibility for damages.The second part: Through analysis as the cause of the obligation and the nature of the common drinking behavior,we conclude that the co-drinkers can have obligations based on the previous drinking behavior.When the co-drinkers don't fulfill the obligations,they must assume responsibility for the infringement.At the same time,it also lists the manifestations of co-drinkers' previous behaviors and its performance in breach of obligations at normal circumstances,as well as the different degrees of responsibility arising on these bases.And through the theory of fair liability,expounds the irrationality of applying it in the problem of common drinking.The third part: Through analyze the theoretical basis for determining the scope of responsibility,and compare the difference between the responsibility establishes causality and the responsibility range causation,in order to determine the range of damages that the co-drinkers must to assume.And further enumerated the range of damage that is more common in practice,what situations should be the responsibility of the co-drinkers,and what circumstances can not be allowed to bear responsibility.