Research On Tort Liability Of Tort Caused By Joint Drinking

Our country has a long history of gathering catering and drinking culture.Drinkers often persuade each other to drink,toast and so on.Disputes over compensation for damages after drinking will inevitably occur in our lives.Whether other co-drinkers bear tort liability to the victims or not,China's Tort Liability Law does not include them in the special types of tort,and it is difficult to include them.He inquired about specific provisions in relevant laws.Through the study of the case database of Beida Fabao,we can know that there are the following problems in adjudicating the infringement cases caused by joint drinking: there are different judgments in the cases caused by joint drinking;some courts decide that the infringement liability of the co-drinkers is assumed;others believe that the co-drinkers should not be liable because of the friendship of the co-drinking behavior;Some courts apply the principle of fault liability,some apply the principle of fairness to decide that the codrinkers should compensate the parties damaged by drinking in order to achieve the fairness of both parties;in the judgment that the co-drinkers should bear tort liability for their faults,some hold that the co-drinkers should bear joint and several liability,while others hold that they should bear the responsibility according to their share.At the same time,the courts have different opinions on whether the spiritual damage of the co-drinkers or their families should be compensated.The range of co-drinkers should include the organizers of parties or banquets and the general participants.Participants may all participate in drinking,or may only partially participate in drinking.Whether they participate in drinking does not affect the judgment of co-drinkers.Co-drinking behavior should belong to the typical social friendship behavior.The law should not interfere excessively with normal social interaction.It should attribute morality to morality and law to law.However,the fact that friendship does not produce the binding force of legal acts such as contracts does not mean that the parties involved in friendship act do not incur tort liability for their fault.In the joint drinking activities,the joint drinkers are obliged not to infringe on the legitimate rights and interests of others and to remind,persuade and notify,escort and care after drinking.If they fail to fulfill their legal obligations,they should bear corresponding tort liability for the damage of the drunken.The sources of joint drinkers' obligations include the safety and security obligations of co-drinkers such as large-scale wedding banquets,100-family banquets or thousand-person banquets,and the general attention obligations of other co-drinkers,as well as the general attention obligations of co-drinkers with fewer participants in co-drinking activities.Its imputation principle is fault liability principle.Although the law of our country does not specify the tort liability of joint drinking,we can find the basis of applying the tort liability law by analyzing the relevant legislation and investigating the social habits and the facts of specific damage disputes.Specifically,in our country,the legal basis for dealing with joint drinking infringement disputes is mainly Article 37 of the Tort Liability Law and Article 6,paragraph 1 of the Tort Liability Law.From the perspective of Hermeneutics and in accordance with the general provisions of tort liability law,this paper systematically interprets the nature of liability and liability undertaking among co-drinkers.It is believed that if co-drinkers violate the obligation of omission that does not infringe on the legitimate rights and interests of others,they shall bear tort liability for the damage of the victim drinkers.Whether other co-drinkers bear liability depends on whether they have fulfilled their obligations in the course of drinking.The duty to dissuade and act after drinking;if the co-drinkers violate the duty of act,they should bear the responsibility according to their share,and different roles should bear the responsibility of different share.