The Tort Liability In Co-drinking Activities

The tort cases caused by co-drinking,in recent years,has the trend of rising.In judicial practice,the tort disputes caused by co-drinking have the phenomenon of all liability determination-imposed uniformity in all cases and confusion of judgment reasons.The confusion in the determination of co-drinking tort liability is out of place in the pursuit of uniform judgment today.There are not only many complicated problems,but also the reasons for the inconsistency of judgment standards.The confusion in the determination of tort liability in co-drinking belongs to the above situation.In order to unify the standard of judgment,it is necessary to have the correct method of judgment,to establish the thinking of legal relationship,the basic thinking of claim right,the thinking of consistency of logic and value,and the penetrating thinking of trial.It should be a "shortcut" to unify the judgment standard to make clear the idea of fair liability identification.Return to the Four Elements of traditional tort,from the four aspects of tort,subjective fault,result and causality,analyze different trial ideas in the case,and summarize a practical identification idea,which is the value and significance of this paper.Joint drinking has identity.Therefore,the identification of liability for joint drinking tort disputes needs to define the scope of tortfeasor as "joint drinker".The identity of co-drinkers cannot be defined only by whether they drink or not.It is the consequence of the surface literal interpretation of mechanical use to insist on the standard of whether drinking or not.On the one hand,it may improperly expand or limit the scope of responsible persons.On the other hand,it is impossible to find out whether drinking is a factual judgment.Therefore,to determine whether they belong to co-drinkers,we should have the measurement of the intention to participate in co-drinking.Especially when the drinkers take part in many drinking occasions or large and complex drinking occasions,it has a prominent judgment advantage.It is the most important to identify the responsibility including fault and causality in the joint drinking,which are also the two most controversial aspects in the case trial.Of course,this is also the most ambiguous part of the thinking of judgement.Because joint drinking has the nature of dereliction of duty tort.Therefore,whether it is the judgment of responsibility or the legal judgment of causality,the foothold should be behavior.The dereliction of duty tort is based on whether it violates the obligation of action.As for the source of obligation of joint drinkers,as the source of obligation can only be the prior act in the joint drinking tort disputes,and it is limited to the improper act.For the danger caused by improper behavior,the co-drinkers have the obligation to inform,assist,take care of and help.When more than one co-drinker is involved,the proportion of the co-drinker’s responsibility should be determined by the causal force between the co-drinker and the damage result.In addition,the identification of responsibility also involves the way of responsibility undertaking,other intervention factors of causality and so on.