Tort Liability Of Co-Drinking

In the traditional culture of China,drinking has become an important means of communication and social interaction.However,in recent few years,there are not a few tragedies caused by drinking accidents.The original intention of this paper is how to avoid the frequent occurrence of similar events from the root to explore the joint drinking tort liability.At present,due to the lack of uniform laws and regulations on joint drinking tort liability in China,as well as the differences in drinking customs,judges' cognition,judicial concept and professional quality in different places,the judgment results of similar cases in judicial practice are very different or quite different,which seriously affects the unity and authority of the law,and it is impossible to Correct guidance of people's behavior makes people at a loss.This paper aims at the study of the legal issues of joint drinking tort liability,aiming to put forward my own views and suggestions for the improvement of the legal system of joint drinking tort liability in China.Through the method of literature analysis,the method of the method of case analysis,comparative analysis and some other methods,this paper expounds the current situation and existing legal problems of joint drinking tort liability system.On this basis,this paper combines relevant legislation of foreign joint drinking tort liability system and lots of important practical experience with the national conditions of China,which puts forward counterplotn to upgrade the jurisprudence of joint drinking tort liability in China.Exccept the parts of the introduction and the conclusion,the main content is included by four parts in the paper?The first part is the summarization above the joint drinking tort liability in our country.It includes the familiar performance in together drinking action and the statute attribute,the legal basis of mutual drinking liability for infringement and the determination of liability.The behavior of joint drinking belongs to the social level of friendship behavior,which has the meaning characteristics of free and free from legal constraints.However,this behavior causes the duty of care between the same drinkers.Only when the obligation is violated,can the infringement be caused.The second part is the legislative status and defects of the joint drinking tort liability in China.Including the existing relevant laws and regulations and their problems.In the current law of our country,there is no relevant legislative provisions for the cases of damages caused by the co drinkers,but only the provisions of the security obligations.The scope,content and source of security obligation are not clear in our law,which makes the legal provisions lag behind and can not be used in increasingly complex social disputes.The third part is to study from the relevant laws and regulations of foreign joint drinking tort liability.Through the research above the regulation of civil law setup and common law system on the tort liability of joint drinking,and compared with the legal system of the joint drinkin g tort liability in China,we can draw inspiration from the coming parts to consummate the correlative measures of the joint drinking tort liability system.The fourth part is the legislative suggestions to improve the system of joint drinking tort liability.This part is the core part in the paper.Including the civil legislation of our country should make clear the safety guarantee obligation between the co drinkers,the compensation proportion of the damage caused by the co drinkers,the exemption conditions of the co drinkers and the responsibility of the alcohol provider,so as to make up for the defects and deficiencies in the liability of the co drinkers in the law of our country.