There are two kinds of legal responsibilities:
First, civil liability for compensation;
Second, if you are intentionally drunk and intentionally hurt, then you will bear criminal responsibility.
Several common situations of "wine responsibility";
1, intentionally drunk. Once upon a time, in the "wine culture" of many places, the unspoken rule of "don't get drunk and don't return" was formed, so drinking wine between banquets became a habit. In the case of personal injury compensation caused by drinking, because the drinker knows that excessive drinking will cause damage to people's health, if the damage occurs, it can be considered as a direct and intentional subjective fault. According to relevant laws and regulations, drinkers should bear the main legal liability for compensation.
2. Drinking. A "drinking buddy" drinks with a drinker while knowing that he has a certain disease or a limited amount of alcohol, or finds an adverse reaction after drinking, and knowing that there are other adverse consequences (such as drunk driving), but still fails to perform the obligation of dissuasion. If the life safety of the "drinking buddy" is ignored, which leads to the personal injury consequences of the "drinking buddy", it should be determined that the person who drinks with the victim has indirect intentional fault. Drinking with the victim according to relevant laws and regulations.
3. No rescue type. Because of the existence of the "drinking agreement", the two sides not only reached a tacit understanding of drinking, but also had the convenience and characteristics to easily obtain and find out whether the drinker was drunk or not. From the perspective of cybernetics and information dissemination principles, drinkers have the right to notify in time when they find any adverse reactions.
In this case, if a fellow drinker violates one or several or all of the above obligations and causes personal injury to other "drinkers", it shall be deemed that the behavior of the fellow drinker has causal effect on the occurrence of the injury consequence, and the fellow drinker shall bear corresponding liability for compensation according to the proportion of causal effect.
legal ground
Article 165 of the Civil Code of People's Republic of China (PRC) * * * If the actor infringes upon the civil rights and interests of others through fault and causes damage, he shall bear the tort liability.
If the actor is presumed to be at fault according to the law and cannot prove that he is not at fault, he shall bear tort liability.
Article 166 of the General Principles of the Civil Law of People's Republic of China (PRC) * * * If the actor causes damage to the civil rights and interests of others, regardless of whether the actor is at fault or not, if the law stipulates that he should bear tort liability, such provisions shall prevail.
Article 1 172 of the Civil Code of People's Republic of China (PRC) * * * Where two or more persons respectively commit tort and cause the same damage, and the degree of responsibility can be determined, they shall bear corresponding responsibilities; It is difficult to determine the size of the responsibility and share the responsibility equally.