The Study On Co-drinker’s Tort Liability Among Co-drinking Causes Drinkers Death Cases

Co-drinking behavior,is a kind of typical social activity,people usually maintain and keep in touch with each other through the co-drinking occasion.The concept of co-drinker does not refer to all the people related to drinking activities.When we discussing the tort liability caused by co-drinker,it only refers to the relevant subject that needs to shoulder the responsibility.Co-drinkers just as its literal meaning,implies that people who drinking together.The number of participants is often two or more,but in the judicial practice "codrinkers" often appears in various forms.Therefore,in this paper,the "co-drinkers" refers to people who drinking together in a limited sense,that is,people drinking together at a same table,rather than who form a special relationship to others in broader drinking activities.This paper starting from the empirical analysis of co-drinking causes death cases,and concludes the present situation of application of law and existing problems from selected sample cases,and then analyzes the responsibility basis of co-drinking causes death cases,that is the source of legal obligation,and discusses the fault conformation,liability forms and compensation ratio of co-drinkers in such cases.Finally,author analyzes specific problems in legal application in this kind of cases,in order to clear the judicial criteria of co-drinking causes death cases.In addition to the introduction,this paper divides into five parts.The first part is the empirical analysis of the co-drinking causes death cases,including the sample selection,the present situation of legal application,and the analysis of present situation of legal application.The present situation of legal application includes: the determination of whether the co-drinker’s liability is established,the citing situation of legal provisions,the form and proportion of liability.Through the analysis of the present situation of legal application,the following problems are found: the identification of the establishment of tort liability is inconsistent,the confirmation of the basis of liability is inconsistent,the nature of liability and compensation ratio is unreasonable,and the cite of legal provisions is not standardized.Founded in the second part is discuss responsibility basis of co-drinking causes death cases based on the problem of identification of the establishment of tort liability is inconsistent,which is the source of the legal obligations.Including whether drinking behavior is friendship behavior,different viewpoints about the basis of tort liability and comments of different viewpoints.The third part discusses the key issues in the non-unification of the confirmation of the basis of tort liability,that is,the identification of the fault of the co-drinker,including the meaning of the fault,the determination of the fault standard,and the specific manifestation of the co-drinkers’ fault.The fourth part is about the nature of tort liability and the irrationality of compensation ratio,discusses the form and proportion of liability in co-drinking causes death cases,including the form of liability and the proportion of liability of the co-drinker.The problem of responsibility proportion can be discussed from the following two aspects: the responsibility proportion of co-drinker and victim,and the responsibility proportion of several co-drinkers themselves.The fifth part is the application of law in the co-drinking causes death cases,including the denial of the application of article 37 of tort liability law,the application of article 6 of tort liability law as the judgment basis,the application of the rule of negligence offset,and the strict application of fair liability.