Should all drinkers be responsible for drinking to death? Is it illegal to persuade people to eat and drink?

Zhou Ju came home from a dinner party and died. Zhou Ju's wife and children filed a lawsuit in court, demanding that the 1 1 deskmate who attended the dinner bear tort liability. Recently, Haikou Intermediate People's Court concluded the case of plaintiff Wan Mei and others v. defendant Wang Ren, and finally rejected the claim of Wan Mei and others.

On the division of responsibility for drinking to death

Friends' wine seats or dinners are normal social activities, and toasting at banquets is a reasonable activity category. Then if we think that as long as we sit together and raise a glass on the wine table, we will have legal responsibilities and obligations to each other, which obviously does not conform to the original intention of legislation.

As a person with full capacity for civil conduct, drinkers should have judgment and control over whether they can drink, especially if you know your physical condition, you can't drink if you are sick, and other fellow drinkers don't know your physical condition. If you continue to drink when you can't, you are responsible for your drinking behavior and consequences.

After the promulgation of the Civil Code, it is clear that the principle of fair liability should be applied and all parties should share the losses. Before applying the principle of fair liability, the application of this ruling principle needs clear legal provisions. * * * Drinking is an act of making friends, and the principle of fair responsibility should not be applied. The principle of fault liability is applied to the judgment that the winning party shares the loss, which means that the drinker is liable for compensation only if there is fault.

Whether fellow drinkers need to bear the liability for compensation should be comprehensively analyzed from the following aspects:

First, it depends on whether there is a direct causal relationship between the result of this death and drinking, for example, the other person is sick and can't drink or takes drugs that can't drink.

The second is to see if there is evidence to prove that there are malicious acts of persuading and punishing alcohol on the wine table, and whether they have fulfilled their obligation to remind and stop excessive drinking.

Third, whether to put drunken people in a dangerous state without sending them to hospital for treatment or proper disposal.

The lawyer concluded that it is necessary to bear legal responsibility for persuading alcohol to die.

Persuading alcohol to cause death does not bear criminal responsibility, but it will bear civil liability. What needs to be taken responsibility is the following situations.

First, compulsive persuasion, knowing that the other party can't drink, or knowing that the other party has a disease, and the other party has clearly stated that he is unwell, he still advises the other party to drink, and should bear all the responsibilities caused by persuasion;

Second, knowing that the other party has lost or is about to lose control of himself in a drunken state, there is danger without care, and sober drinkers have not delivered the drunkard safely. Once the drunkard is sober, he will bear corresponding responsibilities;

Third, drunk driving should not be discouraged, but also discourage other drunk people from driving. If you don't discourage it, you may bear corresponding legal responsibilities;

Fourth, the host of the banquet should ensure the safety of everyone who attends the banquet. Once the drunken person has an accident, the banquet convener will bear the corresponding legal responsibility.

Matters needing attention in persuading wine when eating.

In other words, this kind of banquet and drinking is an act of friendship. Everyone who drinks alcohol has the highest duty of care for his own life safety. As drinkers, we should remind each other and discourage them from drinking too much.

Drinking should be civilized and moderate, and never gamble, fight or persuade others to drink, so as not to bring irreparable losses and influences to yourself and others. As a person with full capacity for civil conduct, we should be fully aware of our drinking ability and the possible consequences of drinking, and do what we can in the process of drinking to avoid similar tragedies.