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Anonymous users2024-02-07Legal analysis: There was an accident when drinking at the same table, and the other parties were forced to persuade them to drink; Persuading the other party to drink alcohol even though he knows that he cannot drink alcohol; failing to escort a drunk person safely; If a drunk driver fails to dissuade himself from causing damage such as a traffic accident, he or she shall be responsible for the friend who caused the accident due to drinking. Where the perpetrator infringes upon the civil rights and interests of others due to fault, he shall bear tort liability.
Where two or more persons cause harm to others with joint intent or joint negligence, or even though there is no joint intent or joint negligence, their acts of aggression and remorse directly combine to cause the same harmful consequences, it constitutes joint tort and shall bear joint and several liability. Where two or more persons do not have joint intent or joint negligence, but the same harmful consequence occurs indirectly in combination with several acts carried out separately, they shall each bear corresponding liability for compensation based on the extent of the prior remorse or the proportion of causal force.
Legal basis: Civil Code of the People's Republic of China
Article 1165:Where the perpetrator infringes upon the civil rights and interests of others due to fault and causes harm, they shall bear tort liability.
Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases
Article 3: Where two or more persons cause harm to others with joint intent or joint negligence, or where there is no joint intent or joint negligence, but the same harmful consequences occur directly in conjunction with their infringing acts, it constitutes a joint infringement and shall bear joint and several liability in accordance with article 130 of the General Principles of the Civil Law. Where two or more persons do not have joint intent or joint negligence, but several acts carried out by them indirectly combine to produce the same harmful consequence, they shall each bear corresponding liability for compensation based on the degree of negligence or the proportion of causal force.
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Anonymous users2024-02-06If a person who drinks a bad stove has compulsion to persuade a drunk person to leak alcohol, instigates a drunk person to drive, and allows the drinker to drive away without dissuading him, he will bear joint and several liability, and if he is suspected of dangerous driving, he will bear corresponding criminal liability.
Legal basis. Article 116 of the Civil Code of the People's Republic of China Article 116 Where two or more persons jointly commit tortious acts, causing harm to others, they shall bear joint and several liability.
Criminal Law of the People's Republic of China Article 133-1 Anyone who drives a motor vehicle on a road in any of the following circumstances shall be sentenced to short-term detention and a concurrent fine:
1) Chasing and racing, where the circumstances are heinous;
2) Driving a motor vehicle while intoxicated;
C) engaged in school bus business or passenger transport, seriously exceeding the rated occupant capacity, or seriously exceeding the speed limit;
4) Transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, endangering public safety.
Where the owner or manager of a motor vehicle bears direct responsibility for the conduct in items (3) or (4) of the preceding paragraph, punishment is to be given in accordance with the provisions of the preceding paragraph.
Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.
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