Study On Judicial Determination Of Tort Liability Between Co-drinkers

Drinking activities play an indispensable role in our country’s interpersonal communication.Moderate drinking can enhance friendships and relationships,while improper drinking may lead to tort liability.In real life,disputes caused by drinking also occur frequently.Under the combined effect of various factors such as the ambiguity of the legal attributes of joint drinking behavior,the different measurement standards of the duty of care,and the inconsistent application of the imputation principle,the situation of different judgments in the same case began to emerge.It can not only harm the legal interests of others,damage the image of the courts and judges,but also weaken judicial credibility and reduce people’s recognition and respect for the law.Therefore,the author believes that it is extremely urgent to put forward feasible solutions to the practical problems in joint drinking infringement.At the beginning of this paper,four typical cases are introduced carefully,based on the existing problems in the legal application of the joint drinking infringement case,the main task of figuring out the best way to solve above problems,and then coming up with some suitable views to improve the efficiency of determination of tort liability.On the premise of collecting and organizing many cases,the classification and analysis of cases in my country’s judicial practice are carried out,and representative cases are listed,emphasizing the necessity of classification analysis and discussion of theoretical issues.Then,based on the case,it sorts out and analyzes the problems in the settlement of drinking infringement disputes in judicial practice,including the nature of drinking behavior,the application of the principle of liability,the form of responsibility and the measurement standard of duty of care.Then,further pointing out the drawbacks of the above problems.At the same time,corresponding solutions are proposed for the above problems,including,it is clear that the attribute of drinking behavior is friendship behavior,the application of fault liability is the principle of liability,and the form of clarification of liability is based on share responsibility.Finally,three aspects are proposed to fully clarify the constituent elements of drinking infringement liability,accurately distinguish the duty of care and liability ratio between co-drinking organizers and participants,and strictly grasp the exemptions for co-drinkers’ liability identification to improve the drinking infringement dispute resolution mechanism in our country.