Compensation for death from drinking

Compensation items for death caused by drinking mainly include death compensation, funeral expenses and living expenses of dependents. The death compensation shall be calculated on the basis of the per capita disposable income of urban residents in the previous year at the location of the court where the lawsuit is filed, and shall be calculated on a 20-year basis. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

1. There is no clear legal standard, and an agreement is generally reached through negotiation. 2. It is necessary to consider the specific circumstances to determine whether the parties have made mistakes or mistakes, whether there is compensation, and whether there is appropriate compensation. If the person dies as a result of drinking, the standard of compensation should be determined on a case-by-case basis.

The specific standards may be provided by the Supreme People's Court in the explanation of several issues concerning the application of law in the trial of personal injury compensation cases.

Article 91 of the Road Traffic Safety Law Anyone who drives a motor vehicle after drinking alcohol shall be subject to a suspension of 6 months of motor vehicle driver's license and a fine of not less than 1,000 yuan but not more than 2,000 yuan. Those who are punished for driving a motor vehicle after drinking alcohol and drive a motor vehicle after drinking alcohol again shall be detained for up to 10 days, fined between 1,000 and 2,000 yuan, and have their motor vehicle driver's license revoked. If a person drives a motor vehicle while intoxicated, the traffic management department of the public security organ shall restrain him until he sobers up, revoke the motor vehicle driver's license, and pursue criminal responsibility in accordance with law; A motor vehicle driver's license cannot be re-obtained within 5 years.

Anyone who drives a motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, have his motor vehicle driver's license revoked, and shall not re-obtain a motor vehicle driver's license within 5 years. Anyone who drives a motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until he sobers up, and the driver's license of the motor vehicle shall be revoked, and criminal responsibility shall be investigated in accordance with law; A motor vehicle driver's license shall not be re-obtained within 10 years, and a commercial motor vehicle shall not be driven after the motor vehicle driver's license is re-obtained. If a major traffic accident occurs after drinking alcohol or driving a motor vehicle while intoxicated, the motor vehicle driver's license cannot be re-obtained for life.

Death compensation for drinking alcohol involves death compensation and funeral expenses, and the main standards are as follows: Death compensation is calculated on a 20-year basis according to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year;

Funeral expenses shall be paid in accordance with the previous year's office at the location of the court where the lawsuit is filed.

If there is an act of persuading the person to drink alcohol in the process of drinking, resulting in death, the person who advises the person to drink alcohol needs to bear part of the liability for compensation, and in this case, it can be regarded as the person who advised the person to drink alcohol to be at fault and bear the liability for compensation within the scope of the omission.

Legal analysis: How to lose money when a drinker dies needs to be judged differently depending on the specific situation. If you have made a mistake in holding a ruler, you will need to compensate for medical expenses, funeral expenses, and pensions for dependent relatives.

Where the perpetrator infringes upon the civil rights and interests of others and causes harm due to his fault, he shall bear tort liability. That is to say, if the perpetrator dies because of acts such as persuasion to drink, he must bear the corresponding tort liability.

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 perpetrator is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, He Chun shall bear tort liability.

Article 1166:Where the actor causes harm to the civil rights and interests of others, regardless of whether the actor is at fault or not, and the law provides that they shall bear tort liability, follow those provisions.

Article 1167:Where the tortious conduct endangers the safety of others' persons or property, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing obstructions, or eliminating dangers.

Article 1168:Where two or more persons jointly commit tortious acts, causing harm to others, they shall bear joint and several liability.