Research On Tort Liability Of Drinkers Who Drink Together

China’s wine culture has a long history.People get used to eating together and drinking together,and it is also a normal way of social interaction.In the process of drinking together,if there is no other infringement,it does not need to be restricted by law.Drink malicious vomiting-inducing toasts,alcohol,or was the victim of self-control not excessive drinking and other tort,resulted in the deaths of disability cases disputes appear frequently,so the common drinking behavior whether to constitute infringement disputes,across all courts for different types of common drinking of the damage caused by the infringement case,and according to the existing laws and regulations to make the corresponding referee,However,in the trial of cases,there are some disunity in the distribution standards of whether the act of drinking together constitutes tort,under what circumstances the tort liability shall be borne and the proportion of liability to be borne.At present,China has not formed specific laws and regulations on how to deal with joint drinking infringement,so that there is no legal basis for reference on how to apply the law in the trial of cases,resulting in similar cases often have different judgment results.If this happens many times,the justice and authority of the law will be affected.Therefore,it is necessary to study the tort liability of joint drinkers.On the basis of existing relevant literature and combined with the research needs,this paper defines the concept of people who drink together,the nature of drinking together,the classification of tort and other issues,and expounds the relevant theoretical basis.Through literature analysis,sum up the current our country related legal provisions on the common infringement of drinking,the current our country the civil code of the People’s Republic of China(hereinafter referred to as the "civil code")with a common tort liability make up and other law drinking this special type of infringing copyright did not make clear a regulation,such as as the main source of obligation is not clear,security obligation scope narrow,etc.,The defects of legislation lead to lack of reference basis for judicial trial.Summarize typical cases through case analysis,and then deeply analyze the current status of judicial practice of such cases.Through comparative analysis,compare the difference of similar cases,found in fault imputation principles,standards,drink each other whether should bear the applicable scope of the safety duty of care,duty of care,the protection of security attention obligation boundary,drink tort liability ratio problem such as how to determine the existence very big uncertainty,As a result,judges in various courts mostly rely on discretion in the trial of such cases,and it is easy to make different judgments in the same case.To further solve the above problems,this article to the empirical analysis of this kind of case,sums up the common infringement of people drinking cause disability death characteristics of this kind of case,and the trial and judicial referee has a propensity to trial in reason,and on the basis of it,according to the components of the tort liability,for drink bear tort liability has carried on the qualitative and quantitative research,In this paper,the author puts forward practical and detailed suggestions on how to make the co-drinker bear the tort liability.For example,in the aspect of responsibility bearing,the optimization scheme of the form and proportion of responsibility bearing is put forward.In judicial practice,suggestions are put forward on such issues as categorization,unified principle of liability and clear standard of duty of care.After analyzing and studying foreign laws and regulations related to tort of co-drinkers,and referring to their provisions suitable for Judicial practice in China,relevant suggestions are put forward,such as expanding the subject range of safety care duty and clarifying the judgment standard of safety care duty.Although there are few researches on the tort liability of co-drinkers in academic and practical circles at present,with the increasing number of tort problems caused by co-drinkers in recent years,more attention should be paid to this kind of problems.Through the study of this paper,we hope to provide reference for the realization of the same case and the same judgment in the case of infringement of rights of people who drink together,and make contributions to maintaining social fairness and justice as well as the harmonious development of society.