Is it illegal to persuade alcohol? How is it legally determined whether or not to persuade alcohol?

Advice on alcohol does not inherently involve any legal liability. However, if something happens to the drinker, the drinker will also be held legally liable in the following four situations:

The person who advises the drinker shall make a necessary judgment in accordance with common sense regarding the amount of alcohol and the ability to tolerate the drinker, and give necessary dissuasion

If the duty of care is not fulfilled and the drinker is not satisfied, the organizer, the drinker, and the drinker shall bear certain civil liability for compensation according to the degree of their respective faults.

If the other party was suffering from a pre-existing illness and died after drinking.

If the obligation to dissuade is not fulfilled, the exhortator bears secondary responsibility. If you know that the other party is sick and cannot drink alcohol, but still repeatedly advises the person to drink, the fault of the person who advised the alcohol deepens, and the person who advises the person to drink is equally responsible.

3. Failure to deliver the drunk person safely, such as sending the other party to the door of the community, and he fell and injured himself in the process of going upstairs.

The person who advises the drunk shall bear the obligation to properly resettle and rescue the drunk, and if he does not leave it alone, it will constitute an illegal act of omission, and according to the laws of our country, he shall bear certain responsibility for the damage caused.

4. Drunk driving is not discouraged, resulting in car accidents and other damages.

The judge reminded citizens that in special circumstances such as gambling, fighting, and persuasion with others, in addition to the drinker's own risk, the drinker should also bear part of the responsibility. The person who advises the drinker should be aware that the person being persuaded to drink alcohol in excess can lead to physical injury or even death, and in this case, if he is still persuaded to drink alcohol, let him get drunk, or subjectively deliberately let him get drunk, or know that it will cause harm to the drinker but believe that it can be avoided, it constitutes a fault that is often referred to in civil law. In particular, the judge pointed out that if a person is forced to drink alcohol by violent means, he may also be held criminally liable for intentional injury.

Is there a rule against alcohol? Whether or not there is a provision for the offender to persuade the person to commit the act of exhorting alcohol to be held criminally liable depends on the circumstances. According to Article 16 of the Criminal Law, although an act objectively causes harmful results, it is not caused by intent or negligence, but due to irresistible or unforeseeable reasons, it is not a crime.

If the person who advises the drinker to know that the other party has a disease that prevents him from drinking, such as high blood pressure, but still tries his best to persuade the other party to drink, then he should know that his behavior may cause danger to society, but he commits it due to negligence, which is a crime of negligence, and his behavior constitutes the crime of negligence causing death. If he does not know that the other party cannot drink, but persuades another person to drink, causing death, and his act of picking ears is not caused by intentional or negligent reasons, and cannot be caused by unforeseen reasons, it does not constitute a crime. But he should bear certain civil liability for the death of the other party.

Do you understand this explanation?

The reason why persuading people to drink alcohol violates the law is that people who are persuaded to drink too much may have a life safety accident as a result.

China is a country where wine culture is prevalent, and in many cases, if a company or individual wants to ask another party to help or do something, they will first consider inviting the other party to dinner. It is inevitable to drink alcohol at the dinner table, and then a variety of wine culture came into being, and wine culture is not only about drinking, but also about persuading alcohol.

Persuasion can sometimes enliven the atmosphere on the wine table and help both parties to better discuss cooperation, but persuasion is risky and needs to be cautious.

In real life, there are many people who have been convicted of persuading alcohol, such as Mr. Zhang in Hubei, who has had a painful lesson in this regard. Mr. Zhang once followed other classmates at the same table at a class reunion to persuade the former class leader Wang to drink, Wang was not very good at drinking, but because the classmates had not met for a long time, so under the enthusiastic persuasion of classmates, he drank a lot of liquor mixed with other wines that night, Wang suddenly fell into a coma in the middle of the night after returning home, and was sent to the hospital for rescue, after a few hours of rescue, Wang finally died of alcohol poisoning, and the people who drank at the same table with Wang that night and persuaded him to drink were sued by Wang's family, In the end, they each compensated Wang's family with varying amounts of compensation, and this matter barely passed.

Persuading others to drink alcohol can sometimes lead to drunk driving and drunk driving accidents. Drunk driving and drunk driving in our country have been included in the criminal law, and any drunk driving or drunk driving that causes a traffic accident will be severely sentenced. If the person at the same table advised the person to drink excessively, resulting in the death of the person in a car accident due to drunk driving, the person who advised the person to drink will be held responsible, and may also be recovered by the family of the person who has been involved in the drunk driving accident.

To sum up, persuading people to drink alcohol is risky, and civilized drinking should try not to persuade alcohol.

Because persuasion is likely to cause sudden death or some drunk driving behaviors, it will violate the law.

Because doing so will bring harm to other people's bodies, it must be against the law, and if the other party has a problem, it will definitely be investigated.

Because the current legal requirements do not allow alcohol, if this happens, it has violated the law and will endanger the health of others.