Research On Tort Liability Caused By Joint Drinking

China’s drinking culture has been as long as one thousand years,but drinking too much will make people lose the ability of self-control,resulting in a series of infringement cases caused by drinking together.In recent years,with people’s stronger awareness of safeguarding their rights,the number of relevant judicial cases is also increasing day by day,attracting the attention of the theoretical and practical circles.China’s law does not make clear and specific provisions on the infringement of joint drinking,which makes judges have more discretion in adjudication.Different regions,cases and judges’ personal views lead to more cases with different judgments,resulting in a surge of appeals,which seriously affects the judicial authority and credibility.This phenomenon has aroused a heated discussion in the theoretical circle,and there are different definitions on the source,subject,content and judgment standard of the obligation of the co-drinker.There are also various controversies on the responsibility of the co-drinker.Therefore,it is necessary to collect and analyze a large number of judicial cases,compare and study the provisions outside the territory,and sort out and study the controversial issues of judicial application.This paper,starting from judicial practice,discusses from the following four parts through case analysis,literature analysis and comparative research method and other legal research methods.The first part explains the connotation and types of damage caused by drinking together.The definition of co-drinker is of great significance to the determination of the subject of responsibility and the division of responsibility.Chart again by common drinking infringement case of collecting statistics,comparison and analysis,find different found the crux of the connection point,namely the proportion does not agree that,as a source of obligation liability form of division is not scientific,the responsibility is not unified,which embodies the common drinking tort law of our country has the problem such as blank,inconsistent theory viewpoint.The second part defines the nature of co-drinking behavior and analyzes the obligation source of co-drinkers.It is proved that the co-drinker bears the tort liability of omission to the victim with its legal basis,and points out that the contents of fulfilling obligations are different during and after drinking,and the standard of fulfilling obligations should be the reasonable person standard.The third part demonstrates that the principle of negligence offset should be used to divide the proportion of responsibility between the victim and the drinker.The co-drinkers shall bear partial liability according to the degree of their respective faults,and the co-drinkers shall be exempted from liability if the victim intentionally interrupts the causal relationship.The fourth part puts forward some suggestions on perfecting the judicial applicable rules of tort liability for damage caused by drinking together.To solve the problem of different sentences of the same cases in the practice of joint drinking infringement cases,we can gradually reduce the appeal rate and improve the judicial credibility by drafting judicial interpretation articles,summarizing the guiding principles of the judge’s trial,and classifying the similar cases.