Research On Tort Liability For Social Harm Caused By Alcohol

An alcohol-related social intercourse is literally a social activity where alcohol consumption take place.Injuries Caused by Alcohol-related social intercourses are constantly emerging.Although the study of it began with the study of the behavior of friendship,There is still some controversy in academic circles about the characterization of the social intercourses which cause injuries.There are three such views on its characterization as the behavior of friendship,the antecedent behavior,and the infringement.Participants involved in alcohol-related social intercourse have a duty of care.When it comes to the symbol of the initiation of the duty of care,opinions in academic circles.Some researchers believe that an alcohol-related risky behavior appears as a symbol of the initiation.Some researchers believe that a drunken look appears as a symbol of the initiation.The author believes that the importance of the behavior of'participating in the alcohol-related social intercourse'should be paid more attention to in the study.The duty of care of Participants involved in alcohol-related social intercourses towrds themselves arises from the time of participating.Whether the duty of care for other participants arises depends on the relationship between the participating behavior and the drinking behavior of others.The research on the tort liability caused by Alcohol-related social intercourses should focus on the elements of liability,the principle of liability,and the way of responsibility sharing.The tortious liability of the perpetrator shall be determined by means of presumption of fault.The elements of infringement include the existence of illegal behaviors in alcohol-related social intercourses,the consequences of damage caused by in alcohol-related social intercourses,the causal relationship between illegal behaviors and damage consequences in alcohol-related social intercourses,and the subjective fault of participants involved in alcohol-related social intercourses.While the principle of presumption of fault should be taken into account,the principle of equity should also be applied in appropriate cases,so as to achieve better legal and social effects.