On The Tort Liability Of The People Who Drink Together

In recent years,the number of joint drinking infringement cases has increased year by year.Drinking together can deepen the friendship between people.China’s tort law does not stipulate joint drinking torts as special torts,nor does other relevant laws provide for specific provisions,which results in different judgments in judicial practice in the same case.The reason is that the court does not have a unified understanding of the standards of people drinking together to fulfill their care responsibilities and the principles of imputation,causal judgments and forms of responsibility.In order to determine that the joint drinker constitutes an infringement,it is necessary to clarify the attribution principle and analyze its constituent elements;discuss the judgment standards of the joint drinker’s tort liability;The article starts with the typical cases of joint drinking infringement,and addresses the problem of inconsistency in the application of the liability principle,and clarifies that the application of the principle of fair liability in such cases is limited to the case that both parties have no fault;for the situation where the measurement standard of the duty of care is unclear,it is recommended to use the reasonable person standard or the Kind Father standard for comprehensive judgment;for the differences in the judgment of causality,it is recommended to comprehensively consider the influence of intervention factors based on the rational use of causality theory;finally,when there is a third party intervention,the form of responsibility between the parties and demonstrated the reasonableness of the application of supplementary responsibility between the third party and the joint drinker.On this basis,an attempt was made to construct a preliminary theoretical framework of joint drinking infringement,in order to achieve the purpose of protecting the legitimate rights and interests of the parties under fair and reasonable circumstances,so as to achieve better legal and social effects.