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Research on the tort liability of co-drinkers

YANG Jingru;Law School of Zhengzhou University;  
Recent years has witnessed an increasing number of infringement disputes involving damage caused by co-drinkers in China, but there is a lack of a unified judicial basis in practice, and disputes about the source of obligations of co-drinkers still exist. After analyzing different opinions on the nature of co-drinking, it is clear that the act of co-drinking is an act of friendship. Through the overall study of sample cases of harm caused by co-drinking in judicial practice, the reasons for the drinkers′ harmful behavior, the specific behavior of the co-drinkers and the result of the court judgment are summarized. Based on the quantitative analysis of the co-drinkers′ liability, it is believed that co-drinkers should bear share-based liability based on the degree of fault. The court should also exercise reasonable discretion and comprehensively consider various factors to divide the co-drinkers′ responsibility into appropriate proportions. At the same time, by studying the imputation principle applied by the court in handling such cases, it is concluded that the principle of fault liability rather than fair liability should generally be applied according to the Civil Code.
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