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If you are drinking together, and you have a conflict after drinking, and you die after pushing her down, and you are drinking together, everyone is jointly and severally liable, and you are primarily responsible, and this has to be examined by a forensic doctor, what is the specific cause of his death? If he is sick, your liability will be less, and if you die because you pushed down, you will be subject to criminal and civil liability, manslaughter. If the person you pushed down did not drink together, you are also primarily responsible and will also be liable for criminal and civil damages, manslaughter.
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1. The principle of compensation is that if the victim is at fault for the occurrence of the damage, the infringer has the right to demand a reduction of liability. 2. If the victim is at fault for the occurrence of the damage, the proportion of the infringer's liability for compensation can be reduced shall be determined according to the degree of his fault, and the specific proportion shall be negotiated by both parties, and if the negotiation fails, the people's court shall make a decision at its discretion on the basis of the circumstances of the case. 3. The liability for compensation that the beater shall bear in accordance with the law is that the victim shall pay as the compensation obligor for reasonable and necessary medical expenses, lost work expenses, nursing expenses, accommodation expenses, transportation expenses, hospital meal subsidies, follow-up expenses and other expenses caused by the victim's injury.
If the injury is more serious and involves causing mental damage to the victim or his close relatives, the victim or his close relatives have the right to file a claim for compensation for mental damages in accordance with law. 4. If there is a fight under the influence of alcohol, and it is in line with the pursuit of criminal responsibility, in accordance with the principle of Article 17 of the Criminal Law, criminal responsibility will be investigated in accordance with the law. 5. Intentionally injuring the body of another person, causing the victim to suffer minor injuries of the second degree or higher, will be investigated for criminal responsibility in accordance with Article 234 of the Criminal Law.
Anyone who intentionally injures another person's body, resulting in minor or insufficient injuries to the victim, will be investigated for responsibility for administrative violations in accordance with Article 43 of the Public Security Administration Punishment Law.
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If there is no motive for intentional homicide in a conflict that results in death after drinking, but the other party pushed you to death during the fight, it should be found guilty of manslaughter.
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Hello, this is the crime of negligence causing death, the crime is relatively light, but it also has to bear the criminal attached civil legal responsibility, generally the criminal detention is first, and then the trial is chosen, depending on the specific situation.
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It depends on how many of you there are. Did you guys drink together, or what's going on? If you get together to drink, then you are all responsible. I admit that the bridge is a legal adjudicator. You said you should drink less alcohol in the future. It's not good for anyone to have this happening.
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It depends on how the cause of the matter is caused and who is responsible. How can you say that you also pushed it down? You have a certain responsibility.
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It is not up to anyone to decide how to decide, it is up to the judge to pronounce the sentence in accordance with the law.
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There are several common situations in which a person is "drunk responsible" for the death of a person due to drinking.
Deliberately poured alcohol.
Once upon a time, the unspoken rule of "not getting drunk enough friends" was formed in the "wine culture" in many places, so it became a habit to pour alcohol into each other during banquets. In a case of compensation for personal injuries caused by alcohol, if the drinker clearly knows that excessive drinking will cause harm to people's health but still carries out such acts, and the harmful consequences occur, it can be found to be a direct intentional subjective fault, and according to the relevant laws and regulations, the drinker shall bear the main legal responsibility for compensation.
Indulging in drinking.
If a drinking friend "clearly knows that the person with whom he is drinking suffers from a certain illness or has a limited amount of alcohol, or discovers adverse reactions after drinking, or knows other adverse consequences (such as drunk driving), etc., but still does not perform the obligation to dissuade the person who drinks with him, and ignores the life and safety of the "drinking friend" and allows it to develop, thereby causing the personal injury consequences of the "drinking friend", it shall be found that the person who drank with the victim has indirect intentional fault, and according to the relevant laws and regulations, the person who drinks should be ordered to bear it in different circumstances1 3. Legal liability for the above compensation.
Non-bailout.
Due to the existence of the "drinking agreement" between the "drinking friends", the two parties have not only reached a tacit understanding of drinking together, but also have the convenience and characteristics of the easiest to obtain and find out whether the drinker is drunk and whether there are adverse reactions in the process of drinking together, and from the perspective of cybernetics and information dissemination principles, the same drinkers have legal and moral obligations such as timely notification, timely assistance and rescue after discovering adverse reactions. In such a case, if the co-drinker violates one or more or all of these obligations and causes personal injury to other "drinking friends", it shall be deemed that the behavior of the "co-drinker" has the causal force for the occurrence of the harmful consequences, and the "co-drinker" shall bear the corresponding liability for compensation in proportion to the causal force. This view is based on the second paragraph of Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases
Where two or more persons are not jointly negligent, but several acts carried out separately 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. ”
Neither party is at fault.
In judicial practice, there has also been a situation where a "drinking friend" only persuades another "drinking friend" to drink a small amount of alcohol, but as a result, the other party's illness or even death is induced, and the person who advises the alcohol does not know his illness beforehand, and the person being advised also believes that drinking a small amount of alcohol will not cause danger. It is based on the provisions of Article 132 of the General Principles of the Civil Law of China
Where the parties are not at fault for causing harm, the parties may share the civil liability on the basis of the actual circumstances. "On the whole, the first three types are subject to the principle of fault liability, and the fourth type is subject to the principle of equitable liability.
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