Research On The Determination Of Joint Drinking Person’s Tort Liability

Wine As an indispensable part of traditional Chinese culture,wine culture plays a very important role in daily life and social activities.However,in recent years,the number of Chinese common drinking tort cases is increasing,which mainly stems from the imperfect laws and regulations,leading to the lack of unified standards in the courts when dealing with such cases,so there is greater inconsistency in the identification of joint drinking liability,which seriously affects the judicial credibility in our country.Therefore,this thesis aims to take the problems existing in the identification of joint drinking tort liability as the basis,take joint drinking tort liability identification case as the breakthrough,compare and draw lessons from relevant judicial practice experience,and carry out theoretical analysis on the theoretical construction and consideration factors of joint drinking tort liability identification.Thus,it provides valuable and perfect suggestions for the judicial practice of the joint drinking tort liability determination.This thesis includes introduction,text and conclusion,among which the text is divided into three parts:The first part is the case search and the question of the joint drinkers’ tort liability identification dispute.By searching relevant cases and systematically analyzing typical cases,it can be found that judicial organs have different judgment reasons in the identification of tort liability of these two types of cases,and then summarize the current legal problems existing in the identification of joint drinking tort liability.The second part is the theoretical analysis of the recognition of joint drinkers’ tort legal liability.First of all,it is clear that the legal attribute of joint drinking behavior is friendship behavior,which will be transformed into friendship tort if the joint drinking person is harmed.Secondly,it is clear that the obligation of joint drinking comes from the behavior of prior drinking,and the obligation of joint drinking behavior is divided into the general duty of care,with the standards of reasonable person,predictability and kind parents.Finally,the author analyzes the reasonableness of the reasons for the joint drinkers,including force majeure,the victim’s intention and so on.The third part is about the consummation suggestion of joint drinkers’ tort liability identification.Including the principle of fault liability should be applied and the constitution of joint drinking tort liability should be clarified and the reasonable division of joint drinking tort liability should be made clear.Liability for damage caused by joint drinking does not belong to the application of fair liability,so it should be applied to unified fault liability,and then rational judgment should be made on the liability of co-drinkers according to the relevant constituent elements.At the same time,it is necessary to reasonably divide the proportion of liability between co-drinkers,protect the legitimate rights and interests of victims and take into account the legitimate rights and interests of co-drinkers,so as to better promote judicial fairness.