| Due to the gradual development of customs and culture from ancient times to the present,wine has become an indispensable special cultural carrier in Chinese society.As a unique life-enriching agent,wine plays an important role in connecting friendships and exchanging feelings in daily life.Drinking activities that integrate spiritual culture and social interaction have their positive effects and can also cause negative problems.After a large number of cases of harm caused by joint drinking in recent years,due to the absence of relevant provisions of tort liability in our laws,coupled with the special nature of joint drinking as a kind of friendship,which is not subject to legal constraints,judicial decisions in various places are not First,the academic and practical circles do not agree on the legal theory of the common drinking activities and the theoretical basis for the joint drinkers to bear tort liability.In this way,the public’s responsibility structure and form of responsibility for such cases are not clear.Not only can it not play the role of legal prevention,guidance,and evaluation,but it will also greatly reduce the authority of the judiciary.Therefore,we should systematically sort out and analyze various different viewpoints and their theoretical defects,solve the problems in the handling of cases of joint drinking infringement,and rationally construct a system of liability for joint drinking infringement.This article adopts a case-by-case discussion framework.The first is to introduce cases,classify and analyze the different cases that appear injudicial practice,and classify and analyze the behavior and composition characteristics of the four types of case types,with case descriptions to illustrate the general types of common drinking infringement cases An understanding of the way of expression is helpful for the next theoretical analysis.At the same time,it sorts out and summarizes the types of judgments made by Chinese courts on common drinking infringement cases,and introduces and analyzes the differences in different treatment methods of similar cases,and points out the application of the theoretical basis on which the judgments are based on specific judgments.Improper.After empirical analysis,the basic theories related to joint drinking tort liability are defined,including the definition of the common drinker’s concept,the definition of the nature of the common drinking behavior,and the analysis of the theoretical defects of different theories in many views to find problems.Finally settled on exploring the reasonable construction of the common drinking tort liability composition system,including the determination of the principle of liability,the specific theoretical basis and application of the tort liability constituent elements,and the form of liability of the joint drinker to bear tort liability and the proportion of different parties to bear responsibility Divide and seek to build a perfect and reasonable system of common drinking infringement liability,with a view to providing the theoretical and practical circles with the idea and reference for handling cases. |
