Drinking and jumping into the river and drowning, why should the same drinker be not responsible?

Because first of all, Xiao Moumou drank the liquor voluntarily, and the drinkers did not maliciously persuade him to drink during the period, and the railing by the river was more than 1 meter high, and he jumped down by himself. Xiao Moumou, as an adult with civil capacity, drank alcohol and climbed over the railing, and finally drowned, and he couldn't blame others for not saving him, and the same drinker had also advised Xiao Moumou during the period, but he insisted on doing so.

The drinker is only a friend, not a guardian, and will not always protect the safety of an adult. Wu Moumou belonged to entertaining these foreign friends, so he opened a drinking party, but this did not force Xiao Moumou to participate, and even if he participated, most people would not have thought that people would do such an incredible thing after drinking. During the banquet, most of the people who drank with him were chatting and drinking, and Xiao Moumou could not be regarded as guardians or relatives, and Xiao Moumou was already an adult, and he didn't need others to look at him from time to time, so when he jumped from the balcony on the second floor, others couldn't react at once.

The drinker has done his best and cannot be forced. After Xiao Mu jumped from the balcony of the Yangtze River, because it was night, the visibility was low, and the water flow of the Yangtze River has always been relatively turbulent, in the process, the same drinker did not save him, which is really understandable. And the same drinker also drank a lot of wine during the banquet, and the body was paralyzed by alcohol, even if it was a person who had the ability to go into the water, it was not wise to go into the water to save people at this time.

After determining that it was a dangerous act to go into the water to save people, the drinkers contacted professionals in time to search and rescue, and although they did not rescue people in the end, they had done what they could.

Don't be reckless after drinking, do what you can. Alcohol can paralyze people's bodies, and it can also make people feel an illusory sense of omnipotence after quoting alcohol, but this is not a real feeling, wake up in time, and do not do dangerous things, this is a kind exhortation to drinkers. Separating reality from illusion, correctly understanding one's own abilities, and following the advice of others after drinking alcohol is a manifestation of responsibility for one's own life.

When drinking with friends, you should be aware of how much you are drinking, and don't drink too much for friendship, face, or other reasons. And after drinking, you need to know what kind of behavior you will do after drinking, and when facing friends who are not so familiar, drinking in moderation to ensure that you are sane and do not let yourself have gaffes after drinking is also a qualified social behavior.

The people who drank together should bear part of the blame because they may have persuaded the person to drink, causing the person's death.

Why should co-drinkers be responsible? It's your stomach that you drink and drink yourself, and it's your business to drown, so why blame others.

Because the drinker is an adult, he must be responsible for his own behavior, and he cannot blindly dump the pot and throw it to the accompanying person, which is not allowed by law.

Legal analysis: It depends on the reason why he fell into the water, if it was because he was drunk and fell into the water, then it depends on whether these three people made him drunk. Otherwise, there is no responsibility.

Legal basis: Article 233 of the Criminal Law of the People's Republic of China Whoever causes death by negligence shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where the circumstances are more minor, a sentence of up to three years imprisonment is to be given. Where this Law provides otherwise, follow those provisions.

In recent years, perhaps everyone has the impression that when the drinker is responsible for the accident caused by drinking, the co-drinker often needs to bear the corresponding legal responsibility when determining the responsibility for the accident. However, the co-drinker in this case was not judged to be liable for tort damages, for what reason?

We all know that in civil law, there are four elements that need to be met for the assumption of tort liability, one is the existence of tort, the second is that the tort leads to the occurrence of the damage result, the third is that the tortfeasor has the fault factor, and the fourth is that the tort has a legal causal relationship with the occurrence of the damage result.

In this case, although the victim was invited by others to attend a dinner together, as an adult with full capacity for civil conduct, he should have been aware of the risks of drinking, whether it was based on a friendship invitation or for work entertainment, and jumped into the river to swim while drinking without the other person drinking and had fulfilled the reasonable obligation of persuasion, putting himself in a disadvantageous position. At the same time, if the person who drank with him also fulfilled his obligation to persuade and rescue in advance, the victim should eventually drown as a result of his own actions, and this risk should be borne by himself.

Therefore, according to the above elements of infringement, if the co-drinker does not have the tortious act, nor does he drink alcohol or cause harm, although the harmful consequences of drowning have occurred, there is a legal causal relationship between the victim's own behavior of putting himself in a disadvantageous position and the result of the damage, and it has nothing to do with the co-drinker. Therefore, the co-drinker is not liable for tort damages.

In our concept, as long as they drink together and have an accident, others are responsible, but this time is different.

This time, no one advised him to do that, and under the persuasion of others, he still secretly jumped into the river, which shows that he is very confident in his water nature, and he still dares to go into the water after drinking, and the people present have no chance and time to stop it, and everyone including the staff also had a search and rescue at that time, all of which was caused by Xiao Yusen's conceit, so the people who ate together were not jointly and severally responsible.

If this happens, I should bear the greatest responsibility, but if other people who drink together instigate it, I will also bear a certain amount of responsibility, and if I dissuade but do not succeed in dissuading before the accident, I will not be held responsible.

Drinking and jumping into the Yangtze River to swim Wu invited several of his friends to come to the hot pot restaurant owner Xiao's hot pot restaurant to come to dinner, and the meal lasted for nearly an hourThese people drank a total of about four catties of liquor and 53 bottles of beer, everyone is not the same and is becoming more and more open, and Xiao took off her shirt and wanted to swim in the Yangtze River, but several other people hurriedly dissuaded them when they saw this, and Xiao put on his clothesBut after a while, the rest of the people went to the toilet, but Xiao suddenly took off his clothes again, jumped directly from the railing and fell into the Yangtze River, and finally drowned. His family wanted the people who had been drinking with him to pay compensation, but the court ruled that no compensation should be paid.

The reason why there is no need to pay any compensation for whether diving is a personal act is because friends dissuaded Xiao to a certain extent, and Xiao jumped into the Yangtze River to swim was just his own personal behaviorAlthough he had drunk a lot of alcohol with his friends before, his friends had dissuaded him, and he still relied on his own will to do his own thing, which caused such irreparable consequences. If his friends did not dissuade him, but instigated him to swim in the Yangtze River, she drowned in the endIn this case, these friends need to pay compensation, because the instigation of these friends has constituted a certain danger to personal safety, so they are responsible for this situation.

Drinking alcohol can cause our nervous system to be agitated and even cause us to do irreversible things without clear mindsIt is precisely because of this that we should drink less alcohol and at the same time discourage those around us from doing stupid things.

Yes. Because the people who drank with him must have toasted him to cause him to drink too much, they are also responsible for this accident.

No. The first time I jumped into the river and swam was already down by my companions, and the second time I was drowned when I went out alone to jump into the river.

Responsible. Because excessive drinking is no longer incapacitated, people who drink together may have acted as a dissuasion to drink excessively, so there is a certain amount of responsibility.

If there is no deliberate attempt to lead another person to jump into the river or cause another person to jump to his death, then the other people who drank with him are not responsible.

No. If it's just drinking together, and after drinking, they go their separate ways, and they don't know what happened to him. Is it because we drink together that we have to be responsible?

Everyone likes to have a few drinks with a few friends when they have a small party, a happy event or a bad mood, but the wine hurts the body and makes a mistake, especially not drunk driving. Drinking can sometimes kill people, and in previous cases, if one of them had an accident, the others were jointly and severally liable, because the people who drank together were a small team and had the responsibility to supervise each other. However, a recent accident in Chongqing in which a man jumped into the river while drinking and drowned has sparked heated discussionsIn this accident, several people who drank with him were not jointly and severally responsible, because the man was conscious at that time, and his friends also dissuaded him, and he secretly jumped into the river by himself.

Therefore, friends who like to drink must pay attention to safety, do not put themselves in danger, and hope to pay attention to the following points.

1. Don't drink and drive

Drunk driving is the leading cause of car accidents, and most car accidents caused by drunk driving will have people**. After drinking, the human brain's reaction will slow down, and there are many people on the road, and if you are not careful, it will be dangerous, so drunk driving is very dangerous. The punishment for drunk driving in China's traffic law is very serious, and different degrees of punishment are imposed according to the amount of alcohol content.

2. It is not advisable to take medicine after drinking

After drinking, you can't take medicine, especially the head cannon type of drugs, this kind of drug turns alcohol produces a chemical reaction, produces toxins harmful to the body, and reaches a certain level will cause death, this kind of thing has happened a lot, I hope to attract the attention of the masses, and we must not be negligent.

3. Don't persuade you to drink at the wine table

Drinking a small amount of alcohol has many benefits for the human body, but this is on the premise of being able to drink, if you don't drink alcohol, it will damage your health. Some people are allergic to alcohol, and drinking alcohol can be life-threatening, so when socializing at the wine table, don't rush to drink without knowing it to avoid accidents.

In this accident, the person who drank with him was not jointly and severally liable, because the man asked to drink liquor by himself, and he was conscious when he went into the water, and he was subjectively controlled to climb over the guardrail, not accidentally fell into the water, and the dinner party also reminded not to swim in the Yangtze River, and everyone also went into the water to rescue after the incident, but unfortunately it was not successful.

Responsible. The person who drinks with him should protect him, at least make sure that he is safe to return home.

Those who drink are also responsible, because they drink to call others. In this case, it can lead to this responsibility, so drinking is their relationship.

According to the law, there are six types of perpetrators who are jointly and severally liable or criminally liable for the harmful consequences that occur after drinking, including those who fail to escort the drunk person safely after drinking together, so the Chongqing man jumped into the river and drowned after drinking, and the person who drank with him is responsible.

Persuade drinking, when eating and drinking together, persuading others to drink causes accidents to others, and the person who persuades them to drink should be responsible.

Knowing that the other party has some medical conditions and cannot drink, and after drinking, knowing that the other party goes back alone is at a certain risk, both of which need to be responsible.

If the person at the same table maliciously persuades the party to drink, or sends the party who is not sober to jump into the river, and does not carry out the necessary rescue and rescue after he jumps into the river, then at this time, the person who drinks together needs to be responsible.

People at the same table persuade each other to drink, and the people who drink together in this situation need to be responsible, so they drink in a civilized manner and abandon the dross culture on the wine table.

Chongqing man jumped into the river drunk and drownedThe court held that the co-drinker was not at fault for Xiao Yusen's act of jumping from the dining boat into the river to swim after drinking, and the family sued the co-drinker, but the court did not support it.

After trial, the Banan Court held that in this case, Wu Daqiang, in order to fulfill the friendship of the landlord, invited Xiao Yusen and other foreign friends to dinner, which was originally out of good intentions, and was an act of friendship to enhance the feelings and communication between people, and the act itself was not improper, and there was no legal relationship between them. During the meal, after Wu Daqiang solicited the opinions of all the participants in the dinner, Xiao Yusen voluntarily chose to drink liquor, and the participants did not maliciously persuade Xiao Yusen to drink.

Xiao Yusen entered the river at a railing about 116 centimeters high, and it is unlikely that he would accidentally fall into the river if he did not climb over the guardrail if he was not controlled by his subjective consciousness. The aftermath of Xiao Yusen's death was caused by his wrongful act of jumping from the balcony on the second floor of the dining boat into the river to swim.

Xiao Yusen should be responsible for the amount of alcohol he drinks, his physical condition, etc., and there is no necessary causal relationship between eating and drinking and swimming in the water.

In the course of the dinner, the participants also reminded Xiao Yusen that he could not swim in the Yangtze River, and fulfilled his duty to remind, and there was no evidence to prove that Xiao Yusen had been drunk and out of control.

After Xiao Yusen jumped into the river, Zheng Zhizhi and others called for help, and arranged for the dinner party to go into the water to search and rescue, and they had fulfilled their reasonable rescue obligations. Xiao Yusen's parents' request that the people at the same table bear tort compensation has no factual or legal basis and is not supported.