Research On The Liability Of Co-drinkers For Damages To The Same Drinkers

"Life has wine to be drunk,a drop has never been to death?" Gao Zhu,a poet of the Southern Song Dynasty,wrote in the book "wine on the Qingming Day".However,with more and more frequent social activities and drinking activities,there are countless damage accidents caused by drinking,which also caused a lot of judicial disputes.I found that the disputes caused by drinking can be divided into three types: forced drinking,gambling,persuasion and toast.In this paper,we mainly discuss the third kind of cases of persuading and toasting.In the judicial adjudication of common drinking injury,due to the lag of law,different drinking customs and professional differences of judges,it is easy to cause different judgment results of the same kind of cases,which will inevitably lead to controversy and lack of judicial credibility.Therefore,in the judicial practice,we should make clear the theoretical basis for the joint drinkers to bear the damage compensation for the same drinkers,standardize the compensation standard of the joint drinkers,in order to better guide the behavior of the drinkers in the joint drinking,and also provide reference for the unity of the judicial judgment.The full text includes three parts: introduction,text and conclusion,of which the text is divided into four parts.The first chapter introduces the judgment and analysis of the liability of damages to the same drinker.This paper mainly introduces the types of judging cases caused by drinking together in the current judicial practice,including the types of no liability of the co drinkers,the types of compensation obligation of the co drinkers and the corresponding types of compensation liability of the co drinkers.Then the problems in this type of judicial judgment are elaborated,including: the judgment of the liability of the co drinkers is still diversified;the principle of liability fixation is not unified;the form of liability of the co drinkers is different;the share of liability of the co drinkers is different;differences in the amount of compensation for mental damage and the amount of compensation.The second chapter introduces the nature of joint drinking behavior and the conditions of joint drinking people’s liability for damages.First of all,the theory of the nature of joint drinking behavior is reviewed and analyzed,and then the viewpoint of this paper is put forward: Joint drinking behavior is a kind of friendship behavior.Then,it proves that as a kind of friendship behavior,the conditions for the drinkers to bear the liability for damages are: the existence of the antecedent behavior of drinking together;the predictability of the risk of drinking together;the availability of the consequences of damages.The third chapter introduces the basis of the liability of damages to the same drinker.First of all,it analyzes various theories about the liability of the joint drinkers for damages in theory and practice,and then puts forward that the basis of the liability of the joint drinkers for damages is the breach of the duty of care;secondly,it introduces the understanding of the duty of care in foreign laws,and explains the relationship between the duty of care and the duty of safety protection;thirdly,the standard for judging that the co-drinkers violated the duty of attention is the reasonable person standard;Finally,it expounds that the duty of care of the co drinkers is the duty of reminding,dissuading,caring,informing and escorting during and after the drinking process,and introduces that the performance of the duty of care of the co drinker should be a complete performance,that is,it can effectively avoid the occurrence of damage results.The fourth chapter introduces the responsibility of the co drinkers for damages.First,it is necessary to demonstrate that the principle of liability for damages of co drinkers should be combined with the principle of fault liability and fair liability;secondly,it is necessary to demonstrate that the liability of co drinkers for damages should be in the form of share based liability;Thirdly,the share of the liability for damages to the co drinkers should be determined first,and then the share of the co drinkers should be redistributed according to the status and status of the co drinkers in the process of drinking and the relationship between the co drinkers and their relatives and relatives.Finally,the reason why the co drinkers should bear the liability for mental damages,but the standard of compensation for mental damages should be demonstrated It should not exceed 50000 yuan.The main innovation of this paper lies in the combination of various research methods.First,it uses the form of questionnaire to analyze the social public’s understanding of the liability for damages of co drinkers,so as to provide objective judgment basis for the judicial judgment;secondly,through the review of domestic and foreign research,it sorts out and summarizes the academic views on the issue of damages of co drinkers,and puts forward its own views on this research;finally,it puts forward its own views on damages of co drinkers The specific content of responsibility should be standardized to solve the practical problems in judicial practice and provide protection for the relief of the obliges.