Research On The Liability For The Damage Of The Same Drinker By Co-drinkin

Clarifying whether co-drinkers are responsible for drinking together and the specific division of responsibilities can identify the real infringers for those with impaired rights,while for co-drinkers it is possible to avoid "unsponsored" situations.At present,the determination of the common drinking behavior in China tends to be the act of friendship,whether the co-drinker is responsible,what kind of responsibility and the criteria for determining whether the co-drinker’s behavior is negligent vary,which leads to the phenomenon of different sentences in the same case.Therefore,only by reaching a consensus on the fault determination of the actor can the case of common drinking be properly handled.Perfecting the system of joint drinker responsibility is conducive to maintaining the friendship between people to the maximum extent,and also helps to alleviate the contradiction between legal provisions and social cognition.Due to the different understanding of the nature of the joint drinking behavior and whether the joint drinkers have the duty of care,different courts have made different judgments.Some courts hold that the co drinkers should perform a duty of danger prevention to the drunk;some courts hold that the co drinkers should perform a duty of care and rescue to the drunk,and the standard to judge whether the co drinkers violate the above obligation is whether the co drinkers have fault.Through the analysis of general tort theory,omission tort theory and special tort forms of friendship tort,this paper carefully combs the nature of joint drinking behavior,the fault of joint drinkers and the attribution of responsibility,compares with the judgment of single responsibility,and highlights the rationality of special identification of joint drinking tort.This paper summarizes the situation of joint drinkers’ liability and the constituent elements of liability.In the practical operation,I put forward my humble opinion on how to distinguish whether the joint drinkers should bear the responsibility.