How does the law stipulate liability for the death of a co drinker?

How does the law stipulate liability for the death of a co-drinker?

As the saying goes, "Drink a little as appropriate, but drink too much to hurt your body." "China's wine culture has a long history, and it is inevitable that family and friends will have a few drinks when they get together or have a dinner at the unit, so as to connect with emotions and enhance feelings, which is a reasonable social behavior and human nature. China's laws and administrative regulations do not prohibit drinking, nor do they stipulate that drinking alcohol is a dangerous behavior.

However, in recent years, there have been more and more tragedies caused by excessive drinking, such as the death of alcoholic friends from alcohol poisoning and the death of drunken falls, and disputes arising from joint drinking have gradually entered the scope of adjustment of the Tort Liability Law. There are also different judicial views in judicial theory and practice on what are the obligations or whether the co-drinker should be held liable after the intoxication is disabled or dies.

It is normal for friends to get together and have a few drinks, but only civilized and moderate drinking can make the best use of alcohol, so that drinkers can benefit their body and mind, and make society harmonious, civilized and progressive. Drinking together is a typical friendship behavior of friends, family members or social behavior, which will not be intervened by the law or has mandatory provisions, and is mostly adjusted or restricted by social morality and customs.

b, however, in certain circumstances, an act of friendship may be transformed into a tort. For example, for example, we have all had "hitchhiking", the act of hitchhiking is a social moral category, and is not regulated by law, but if a traffic accident occurs due to "hitchhiking" and the passenger is injured or killed, the driver who provides the hitchhiker may also need to bear the corresponding liability for compensation.

Returning to the issue of joint drinking, joint drinking is a normal social interaction activity, and there is no legal relationship of rights and obligations between co-drinkers, and when the act of drinking together does not cause specific danger to others, that is, there is no possibility of reasonably foreseeable danger, and other co-drinkers will not have corresponding safety and security obligations, and do not need to bear tort liability, but in judicial practice, certain compensation will often be given to the victim based on the consideration of the principles of humanitarianism and fairness. Order other drinkers to bear certain responsibilities.

Article 6 of the Tort Liability Law: Where an actor infringes upon the civil rights and interests of others due to his fault, he shall bear tort liability.

Article 26 of the Tort Liability Law Where the infringed party is also at fault for the occurrence of the damage, the liability of the infringer may be reduced.

Article 2 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings: The matters on which the litigation claims made by the parties are based.

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 is aware of 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 the alcohol shall be ordered to bear it in different circumstances1 3. Legal liability for the above compensation.

In fact, drinking together is originally a normal social activity, and they do not have a legal relationship of rights and obligations, but in judicial practice, it is often based on the principle of humanitarian fairness, giving the victim a certain amount of compensation, and rebellious other homonyms bear certain responsibilities.

The co-drinkers are not legally responsible because the co-drinkers did not kill them.

Legal analysis: If the person who drinks together dies, he or she needs to bear legal responsibility according to their respective faults, and the death is compensated according to the first-class disability, and the specific amount of compensation should be determined according to the local economic level, the average salary of the deceased during his lifetime, etc., and if the negotiation fails, he will sue the court to settle it. Liability for joint drinking of alcohol**

The personal safety of the person who is responsible for drinking together is mainly self-protection, supplemented by the safety and security obligations of others, knowing the danger of drunkenness and not controlling the amount of alcohol and taking effective measures or credulity can be avoided, he himself has the most direct and main causal relationship between excessive drinking and the consequences, and he is grossly negligent, and should be mainly responsible for the consequences of his **; Responsibilities of organizers (including conveners), regardless of whether the organizers (including conveners) directly participate in drinking, they should be co-drinkers, and appropriate care should be provided for the personal safety of all participants, and if they respect elders or leaders who participate in drinking, even if they do not persuade them to drink but allow the victim to drink excessively, they shall bear the same responsibility as those who persuade alcohol, or the proportion of responsibility may be specifically determined according to the actual circumstances of the case; Participants are responsible for the tacit understanding between co-drinkers, and they are close to each other, which is the most convenient way to find and judge whether co-drinkers are drunk or have adverse reaction characteristics, so they have the obligation to fulfill the safety guarantee with their co-drinkers in a timely manner.

Legal basis: According to Article 1165 of the Civil Code, if the actor infringes on the civil rights and interests of others and causes damage due to his fault, he shall bear tort liability in accordance with the provisions of the law, and if he cannot prove that he is not at fault, he shall bear tort liability.

How to lose money when a drinker dies needs to be judged differently depending on the specific situation. If there is a fault, then the compensation for specific medical expenses and funeral expenses should be borne according to different proportions, and if there is no fault, then the application of the principle of fairness may appropriately bear a certain responsibility.

In drinking with relatives and friends, non-compulsory etiquette persuasion is a traditional folk custom, and if something happens to drinking, the drinker must bear the consequences of excessive drinking. Relatives and friends will be held legally liable if they have the following circumstances in the course of drinking together:

The first is compulsive persuasion, such as deliberately pouring alcohol to coerce the other party to drink, or persuading the other party to drink even when the other party is drunk and unconscious and has no self-control;

The second is to know that the other party cannot drink, such as knowing the other party's physical condition, but still persuading the other party to drink alcohol to induce illness; v

The third is the failure to escort the drunk person safely, such as the drinker has lost or is about to lose the ability to control himself, and is delirious and unable to control his own behavior, the drinker does not take the drunk person to the hospital or safely return home;

Fourth, drunk driving is not discouraged, resulting in car accidents and other damages.

According to the Civil Code-type law, there is actually no explicit provision on joint drinking to death. However, it is clarified that if the actor infringes upon the civil rights and interests of others due to his fault and causes harm, 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

According to Article 1165 of the Civil Code of the People's Republic of China, where an actor infringes upon the civil rights and interests of others due to his fault and causes harm, he 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.

After hearing the case, the Suning Court held that after Zheng Yuku's accusation that Fan summoned Li and defendant Li to have dinner together, Li shouted that Dong suddenly walked out after drinking, and that defendants Fan and Li did not accompany the escort and did not go out to check on Li's situation; And the three-person dining place is in the high-speed service area, which is connected to the highway, and there are more vehicles inside and outside the high-speed service area. The second defendant, as a person who had dinner with Li, failed to fulfill his duty of care and safety escort after he was drunk. Article 6 of the Tort Liability Law of the People's Republic of China stipulates that the perpetrator shall bear tort liability if he infringes on the civil rights and interests of others due to his fault.

Where it is presumed that the actor is at fault in accordance with the provisions of law, and the actor cannot prove that he is not at fault, he shall bear tort liability. Accordingly, Fan and Li should bear some responsibility for the legal consequences of Li's death.

Legal Analysis: If there is joint intention or negligence in the consequences of the drunkenness of others in Xiangjian, and the failure to fulfill the safety guarantee obligation, resulting in the death of the drunken person, the joint drinker shall bear joint and several liability for joint tort.

Legal basis: Article 1166 of the Civil Code of the People's Republic of China: Where an actor causes harm to the civil rights and interests of others, regardless of whether the actor is at fault or not, the law provides that tort liability shall be borne by law, follow those provisions.

Summary. 2.Co-drinkers are required to fulfill their safety obligations during the drinking process

1) Obligation to prompt and advise. In the process of drinking together, uncivilized behaviors such as drinking and persuading people to drink should be avoided, and at the same time, when it is found that the co-drinkers have alcoholism, drunkenness or adverse reactions, they should be reminded and advised to stop drinking. (2) Obligations to notify, care, and escort.

If it is found that the person who is drinking together is drunk or in personal danger, the relatives or ambulance institutions should be notified to take timely measures to avoid the danger. Treat the intoxicated person to the maximum extent possible or escort him to a safe place or medical facility to get him out of danger.

Hello, there is.

1.There is a special relationship between co-drinkers, and this special relationship of stopping friends is a duty of care for partners in legal theory, and the co-drinker's responsibility for the damage caused by other co-drinkers is because of the failure to fulfill this duty of care.

2.In the process of drinking, co-drinkers need to fulfill their safety and security obligations: (1) the obligation to prompt and advise.

In the process of drinking together and lifting bright wine, it is necessary to avoid uncivilized behaviors such as drinking alcohol and persuading alcohol, and at the same time, when it is found that the co-drinker has alcoholism, drunkenness or adverse reactions, he should be reminded and advised to stop drinking. (2) Obligations to notify, care, and escort. If it is found that the person who is drinking together is drunk or in personal danger, the relatives or ambulance institutions should be notified to take timely measures to avoid the danger.

Treat the intoxicated person to the maximum extent possible or escort him to a safe place or medical facility to get him out of danger.

There are no clear provisions on the specific amount of money in the law, and the situation of each person's death from drinking should also be specifically analyzed, some died of drinking, and some died of drunkenness due to various circumstances, and the responsibilities are also different. Eating and drinking together, for drunk people, other people have a duty of care for Brother Duan, and those who do not fulfill this obligation need to be held responsible.