Analysis Of The Legal Responsibilities Of The Co-Drinkers

China has a far-reaching drinking tradition,and it is a normal way of social interaction and contact with each other.However,the personal injury caused by drinking has also caused many disputes.It is not enough to weigh the interests and disputes between the parties through moral restraint.When the parties to the conflict of interest cannot reach an agreement on the amount of compensation,they can only solve it through legal channels.The uniqueness of the collective drinking infringement is that there is a mutual trust relationship between the people who drink,and if there is no fair and reasonable way of taking responsibility for compensation,it may have a certain impact on people's social interactions.There is no effective expectation of the consequences of a joint drinking behavior.This paper analyzes the cases of alcohol damage compensation in the judicial practice in our country,draws on the treatment methods of relevant foreign jurisprudence,finds theoretical support and scientific methods,and clarifies the theoretical basis of the infringement of the common drinkers and the method of determining the compensation ratio.The specific content of this article is as follows:The first part: From the judgment of judicial practice in our country,we find out the cases of compensation for drinking damage caused by drinking in our country.The first section of the case mainly analyzes the joint responsibility of the common drinkers or the main responsibility of the victims.In the case of appropriatecompensation,the second section is mainly the case where the victim is completely responsible for the crime.The factors that affect the decision of whether the drinker is compensated in the judicial practice in our country are all caused by joint drinking,but why the judge's judgment will With such a big difference,the judge considered the influencing factors in the specific analysis of the case.By analyzing the causes of the above-mentioned joint drinking cases and the judgment results,the related issues concerning the legal responsibility of joint drinking were put forward,and the relevant laws were applied to the problems existing in the judicial practice.The second part introduces the general drinker's infringement liability to the same drinker.It is mainly divided into four sections.Firstly,it analyzes the nature of the common drinking behavior.The common drinking behavior belongs to the friendship behavior and expounds the definition of the friendship behavior.Secondly,it is aimed at the constituent elements and legal basis of the tort liability of the co-drinkers,and analyzes the nature of the obligations of the co-drinkers in practice as“safety protection obligations” or “attention obligations” and puts forward their own opinions..Finally,a clear definition of the scope of the duty of care of the drinker is made.And refer to the "social master responsibility" established by the US law,the "duty of care",the "neighborhood principle" established by the British case law,and the "communication security obligation" established by the German law have certain commonalities,that is,in specific circumstances.The scope of the bailout obligation of the people who are not at risk caused by themselves,because of the negligence of the act of infringement.The third part: introduces the responsibility of the infringement liability of the same drinker.Under different circumstances,according to the special circumstances of the case,the following three situations can be used as compensation liability:co-drinking is a common way of social interaction.Emotional behavior,if the co-drinking behavior causes damage,the victim,as a rational person,should bear the main responsibility for his or her own behavior or be completely self-sufficient;the common drinker does not have the corresponding duty of care in the drinking process,The responsibility for the responsibility of the drinker should be based on the specific case to measure the difference in share of the drinker's share of the responsibility,and finally,in the case of the drinker to pay attention to the duty,the issue of the shareholder's exemption.