Research On Responsibility Of Co-drinking

As we all know,China has a long-standing wine culture since ancient times.Marriage and funeral can not be separated from wine,family and friends get-together can not be separated from wine.And today,there is a very close relationship between business transactions and wine under the market economy.In the process of the development of drinking culture,the paradigm of social interaction in China is highlighted,but at the same time it is easy to cause damage.With the continuous development of the social economy,the damage caused by drinking has increased,and the number of infringement cases has increased year by year.At present,neither the judicial nor the theoretical circles have formed a consensus of opinion on responsibility caused by co-drinking,which has been causing great trouble to our judicial practice.People’s interactions continue through drinking,and they feel free in the drinking atmosphere.As a way of communication,it is difficult to evaluate them in the legal framework.In judicial practice,judgers often need to spend a lot of time and energy to discern whether the consequences of damage caused by co-drinking are legal or moral,and therefore often result in different judgments in similar cases.The phenomenon of "different judgments in the same case" has greatly reduced the authority of the court’s judgment.All these problems lead to a detailed discussion on theoretical basis,constituent elements,responsibility taking and the exemption of the responsibility of co-drinking.The theoretical basis includes fault liability theory,safety guarantee obligation theory and fair liability principle theory.The constituent elements include the constituent elements under the general fault liability,the constituent elements under the responsibility of breach of the safety guarantee obligation,and the constituent elements under the principle of fair liability.This paper does not generalize the constituent elements,but does a valuable analysis of the current controversial problems.The content of responsibility taking part includes the relevant analysis on nature determination of co-drinking behavior: from the friendship behavior to the tort,co-drinking should be defined as the common infringement of negligence,etc.And on this basis,the scope,the way and size of responsibility of the relevant subject,etc.are explored.Exemptions of responsibilities include the fault of the victim,the cause of the third person,and force majeure.Finally,based on the theoretical basis,constituent elements,responsibility taking and exemptions of responsibilities,this paper puts forward suggestions on how to improve the responsibility identification for co-drinking,in hope of making some valuable analysis and study.The main contents include: refining the safety guarantee obligations of people involved in co-drinking;certain responsibilities should be taken by alcoholic & beverage providers(including drinking venues,bars,entertainment places,etc.),clarifying the proportion of compensation for damage caused by co-drinking,and putting forward some humble suggestions on how to classifying and handling the co-drinking cases in juridical practice.