On The Recognition Of Liability For Damage Caused By Joint Drinking

As a carrier in people's lives,wine can play a role in promoting friendship and friendship,but excessive drinking can endanger human health and even people's lives.In recent years,incidents of joint drinking causing damage have increased year by year,and victims often sue the court for treatment.However,judges have different understanding and application of the tort liability rules in cases where joint drinking causes damage,which often leads to different judgments in the same case.This has also become a common problem in judicial practice,which has seriously affected judicial authority and judicial credibility.Firstly,this paper analyzes and studies the judgment of 200 cases of joint drinking injury collected online by Chinese judges.This paper summarizes the three types of liability of the courts in dealing with cases of damage caused by joint drinking,such as the non-liability of co-drinkers,the partial liability of co-drinkers,and the partial liability of co-drinkers.And put forward the problems existing in our country's courts when dealing with the cases of joint drinking causing damage to people,including the application of the principle of attribution,the problem of the liability form,the problem of the allocation of compensation,and the issue of the determination of the obligation,which in turn caused people to discuss.In view of these existing problems,the author makes an analysis of the liability determination of joint drinking causing damage cases through literature research method and empirical analysis method,and focuses on the determination of the principle of liability for joint drinking causing damage and the responsibility of joint drinking persons.Finally,it is pointed out that the courts should apply the principle of liability according to the fault of the parties and the principle of fault liability according to the degree of fault of one or both parties.And accurately grasp the fault liability component of joint drinking damage,scientific division of the joint drinking under different circumstances to bear the responsibility of the proportion.The principle of fair responsibility should be applied when the joint drinker and the victim are not at fault and the joint drinker does not compensate the victim for the loss that is contrary to the concept of fairness.Through the study on the liability of joint drinking for injury caused by joint drinking,this paper can provide theoretical support for the courts in dealing with cases of injury caused by jointdrinking,which is conducive to harmonizing the thinking and standard of adjudication,ensuring a fair trial of the case,and achieving the same case.Maintain judicial authority and judicial credibility.At the same time,it can better protect legal rights and interests of the victims,standardize people's drinking behavior,guide people to drink alcohol in a civilized manner,promote social harmony and stability,and truly achieve the organic integration of love,reason,and law.