| With the improvement of living standards,all kinds of alcoholic drinks have become an important part of parties,leisure and entertainment activities in life.Accidents and injuries caused by drinking together occur frequently.At the same time,with the increasing legal awareness of the public,more and more people resort to the law to solve such incidents,in order to get a fair and Just solution.The nature of Joint drinking behavior should be constrained and whether there is a duty,between the peoples drinking together of such cases should be determined.However,due to the different views of the Jurisprudential circle,there are no clear and specific provisions on such cases in China's laws and regulations,resulting in different Judgments of courts all over the country,which not only causes the public confusion,also brings trouble to the application of law.This article will take a dispute caused by the harm of drinking together as an example.The first part analyzes the focus of the case through a typical case.The second part focuses on the safety and security of co-drinkers,and analyzes the legal issues involved and the current legal provisions of co-drinker behavior in China.In the third part,according to the problems raised in this paper,the author puts forward some suggestions to improve the legal provisions of co-drinkers.Through the detailed analysis of the security obligations of co-drinkers,the meticulous analysis of legal basis,the author believes that in order to solve the legal problems of co-drinkers in Judicial practice more fairly,we should further improve the safety guarantee obligation,establish the legal status of the safety guarantee obligation of co-drinkers,and clarify the law of common drinkers in Judicial practice Responsibility,to supplement the exemption reasons of safety guarantee obligation of co-drinkers,pay attention to judicial practice,so as to protect the rights and interests ofvictims and the other co-drinkers,and maintain social order. |
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