On the boundary of joint drinking tort liability
论共同饮酒侵权责任的边界

摘要

共同饮酒致损纠纷频发，侵权责任认定复杂。本文深入研究共同饮酒致人损害的侵权责任，明确其需依据过错责任原则判断。在违法行为认定上，强迫性劝酒等行为可认定违法，主观过错判断需综合考虑多种情况。不同劝酒情形下共同饮酒人责任不同，未安全护送也可能承担责任，醉酒者拒绝护送时共同饮酒人应尽告知义务。

Abstract

Common drinking causes frequent disputes, and the identification of tort liability is complicated. This paper deeply studies the tort liability caused by joint drinking and makes it clear that it should be judged according to the principle of fault liability. In the identification of illegal acts, compulsive drinking and other acts can be identified as illegal, subjective fault judgment needs to consider a variety of circumstances. Under different circumstances, the joint drinkers have different responsibilities, and may also bear the responsibility without a safe escort. When an intoxicated person refuses to escort, the joint drinkers shall have the obligation to inform. Compensation standards include medical expenses and other expenses compensation and death compensation accounting, the proportion of liability to consider the degree of fault and other factors.