Research On The Co-drinkers’ Security Obligation

Our country is a big country for drinking, social daily life regardless of the entrance, promotion, moved into, even party for no apparent reason at ordinary times, inevitable drinks. Wine can active table atmosphere, communicate feelings. But modern society contains many safe hidden trouble and potential danger. So, in recent years tort damage compensation disputes caused by drinking together is increasing, causing the social attention and hot discussion.The security obligation in “Interpretation of the Supreme People’s Court on the compensation for personal injury on issues of application of law” and The Tort Law is not clear, leading that co-drinkers’ security obligation is one focus of uncertainty. In the theoretical circle, few scholars specialize research on this problem. Legal practice also have different opinions, causing the cognizance of the tort liability not unified, the applicable law more chaotic, often appearing the phenomenon of “different sentences with the same case”, and causing a great deal of controversy in society.This article obtains from the cited cases, leading to thinking about the problems of the co-drinkers’ security obligation, discussing theoretical basis of their security obligation, sorting out content and scope of the co-drinkers’ security obligation, imputation principle of violating the security obligation and the question of undertaking the responsibility, then put forward an improvement in co-drinkers’ security obligation legal system.In addition to the preface and epilogue, this article main body is divided into six parts.The first part mainly introduces two cases about co-drinkers’ security obligation and their decision analysis, including the merits, different verdict, leading to thinking about the problems of co-drinkers’ security obligation.The second part mainly introduces the actual legal status about co-drinkers’ security obligation in our country. First, introduce the emergence and development of the security obligation. Then introduce it’s development and specific legal provisions in our country. Through the analysis, obtain that co-drinkers don’t conform to the body of the obligation of security in our country.The third part mainly elaborates theoretical basis of co-drinkers’ security obligation. First, elaborate concept and the nature of security obligation. Then analyse from antecedent act theory to demonstrate that co-drinkers should bear security obligations in our country.The fourth part mainly elaborates the content and scope of the co-drinkers’ security obligation. First, elaborates it’s content. Apply at a reasonal person standard to examine whether the co-drinkers has performed the obligations. Second elaborates the scope of the co-drinkers’ security obligation, including scope of subject, object and scope of time and space.The fifth part analyses the co-drinkers’ security obligation responsibility. First, we draw the conclusion the obligation shoud apply the principle presumptive.Then analy the co-drinkers’ security responsibility from four elements of tort in cilil law. Finally analyses violating the security obligation liability problems and exemption of co-drinkers.The sixth part discusses how to improve our legal system of co-drinkers’ security obligation. First analyse the defects for co-drinkers in our countrys’ legislation. So, we should make clear a regulation caused by antecedent act of security obligation, to better protect the legitimate rights and interests of the victim in drink together.