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If they are not at fault, there is no need to make compensation. But if they let them drive after drinking together, knowing that the other party has already drunk, then they need to compensate the other party.
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No, this is not necessarily a case where there is no need for compensation as long as there is no fault, but there will certainly be some associated liability through some discretionary requirements.
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This needs to be compensated, and if you find that something is wrong, you should stop it.
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If the person who drank with him dies, if the other parties are compelled 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 where there is no joint intent or joint negligence, but the same harmful consequences occur directly in conjunction with their infringing acts, it constitutes joint tortfeasor and shall bear joint and several liability.
Tort Liability Law of the People's Republic of China
Article 6: Where actors infringe upon the civil rights and interests of others due to their fault, they shall bear tort liability. 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.
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 jointly intentionally or jointly negligently cause harm to others, 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 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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If the person who drank with him died, whether the person who drank the wine should be jointly and severally liable depends on whether there is fault. If there is fault, Shan Hanbo needs to be jointly and severally liable, and if there is no fault, there is no need to be liable. In the case of drinking with others, if there is an accident with drinking, there are four situations in which the person who advises the drinker will bear legal responsibility:
1. Compulsive persuasion; 2. Advise the other party to drink even though he knows that he cannot drink; 3. Failure to escort the drunk person safely; 4. Drunk driving is not discouraged, resulting in car accidents and other damages.
Legal basis: Civil Code of the People's Republic of China
Article 120:Where civil rights and interests are infringed upon, the infringed party has the right to request that the infringer bear tort liability.
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.
Article 1165 Where the perpetrator infringes upon the civil rights and interests of others due to 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.
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