The Co-drinkers To Drink Their Own Damage Judicial Judgment On Tort Liability

In recent years,some cases of death caused by drinking are frequent,and the judicial standards are different,which seriously affect the credibility of the judiciary.No obligation no liability,the co-drinkers between any contract or legal obligation is one of the primary criteria in judging whether the tort liability of the drink.Through qualitative analysis of the common drinking behavior,the author thinks that common drinking belongs to social activities,rather than legal behavior,there is no contractual obligation to drink.People's Republic of China"tort liability law" article thirty-seventh has the obligation of security relevant provisions,it shall assume the tort liability for visual drink source of obligation and the legal basis.However,justice scale should consider the co drinkers obligation of security elements and limits,this unified class case referee scale,to maintain the fairness and equity of law.The main contents of this paper are as follows:The first chapter:By comparing the results of different judgments in similar cases,the theoretical sources of different referees' results are analyzed;Claim compensation sent to"fault liability",although the common drinking behavior itself is no fault,but when a person drinking too much may have obvious damage to other people,because previous behavior of the drink should fulfill the duty of care or attention;The theoretical basis for advocating non compensation is the law,and there is no clear provision that there are legal rights and obligations among the common drinkers,and there is no prior agreement on the rights and obligations.Drink as a full civil capacity to deal with their own security duty of care,so if there is damage should bear responsibility.The second chapter:Through acts of friendship and duty of care,this qualitative nature of the common drinking behavior that drinking behavior should belong to the geffalligkeiten transformed form,if the consequences of the damage caused by the infringement,tort law should be included in the adjustment category;This drink has between the safety guarantee obligation not only legal basis,conforms to the principle of philosophy and economics,which summed up the judgment of security obligation standard of reasonable reliance standard and prudent person standard two categories.The third chapter:All kinds of factors considered in judicial practice are mainly included in the judicial practice,including legal,factual and value factors,And on this basis to judge the existing lack of judicial adjudication,which summed up the co drinkers to assume security obligations of the imputation principle and constitutions,including those not share its security obligations,the damage caused by drinking behavior in a causal relationship,the subjective fault exists between the consequences of drinking and drinking behavior and harmful consequences;Finally,should be strictly grasp share bear the liability of tort type elements,caution the principle of fairness,correctly distinguish drinking behavior,to deal with similar cases more fair and reasonable.