The Research Of The Tort Ability Between The Co-drinkers

Co-drinking is a common way for people to exchange feelings in social communication.As more and more common people drinking infringement cases in recent years,especially on a common drinking with the drinkers infringement social attention more and more high.Because our country current on common drinkers in tort law is not perfect,makes the processing about such problems appeared in the judicial practice "the judgment of different connection with the sentence" as a result,so it not only has attracted the attention of the judicial referee fair,on this issue and legal theory exploration about drinking common tort liability problem also has not stopped,how qualitative common drinking legal actions and common drinkers tort liability and liability is the focus of attention and debate.In judicial practice,due to the unclear legal provisions and the influence of local traditions and customs,there are differences in the court’s legal identification of joint drinking behavior.This article attempts through the way of case analysis,this kind of case in the judicial practice of our country the legal theory and principles of imputation of which is the basis of the referee,and analysis the special problems encountered in practice,combining with our country law theoretical circle about this kind of problem,summarized the existing views and arrange,in order to solve the problem of recognition on this kind of case law.To properly deal with the infringement cases of co-drinkers,first of all,we need to improve the provisions of relevant laws and regulations in China,and at the same time,we also need to refine the handling of such cases in judicial practice to make them operable.The research work of the problem must be based on the existing law,combining with specific cases were analyzed,and the discovery of commonality,on the basis of fully considering the special case,realize the combination of universality and individuality,better solve the social disputes,effective adjustment of social relations,from the case for the realization of justice to reflect social fairness and justice,finally realize the value of the method.This paper contains an introduction,a text and a conclusion.The text consists of the following three parts:Part one: firstly introduces common people drinking for three cases with drinkers infringement,includes the case facts and the result of the court’s decision.Through the analysis of the three cases concluded the focus of the case dispute,and then around the focus of further discussion.Part two: according to the focus of the first part summarizes the problems to discuss,from the legitimacy and rationality in front of the two aspects of legal theory analysis,summed up the focus problem for common people drinking with drinkers infringement cases qualitative theoretical basis and legal basis.At the same time,the author analyzes the current situation of legislation and existing problems of tort liability of joint drinkers.And from the judicial practice of our country to analyze the existing legal problems of the same kind of cases caused by the lack of judicial adjudication,in order to find ways to improve judicial practice.Part three: on the basis of the above case analysis and jurisprudence understanding,aiming at the focus of the problem and the special problems that may appear in the case,this part puts forward Suggestions for improvement and improvement on the deficiencies existing in the legislation and judicature of our country.Especially in the current situation of insufficient legal provisions and unclear attribution of joint drinkers’ infringement,this paper puts forward some feasible Suggestions and measures on how to solve the phenomenon of "different judgments for the same case" in current judicial practice.Through the study of the legal attribute of the joint drinking behavior,this paper concludes that it is more reasonable to identify the joint drinking behavior as a non-legal behavior.The legal principle that the joint drinker should bear the tort liability of the joint drinker should be the duty of care and the antecedent duty of the joint drinker in the process of this behavior.Moreover,only when the joint drinkers’ duty of care for their fellow drinkers meets various legal requirements,such as subject,behavior and subjectivity,can they form the civil obligations stipulated by law,otherwise they should be regarded as moral obligations.The joint drinker’s tort liability is attributed to the existence of duty of care or antecedent behavior,which is the direct cause-and-effect relationship between the joint drinker and the joint drinker.Therefore,the premise for the joint drinker to bear the liability for the infringement of the same drinker is fully in line with the above constitutive elements.Otherwise,it is an abuse of the principle of liability attribution to ask the same drinker to bear the responsibility in the absence of these conditions,which will lead to the chaos of good social relations.