As the saying goes, "a little drink is excessive, and a big drink is harmful." China's wine culture has a long history. It is a reasonable social behavior and human nature to have a few drinks when friends and relatives get together or have a work dinner. Laws and administrative regulations of China. Drinking is not prohibited, and it is not stipulated that drinking is dangerous.

a

However, in recent years, there have been more and more tragedies such as death of drinkers and death after drinking caused by excessive drinking, and disputes caused by drinking have gradually entered the adjustment category of tort liability law. Judicial theory and judicial practice also have different judicial views on what obligations or whether the drinker should bear after the drunkard is disabled or dead.

It is human nature for friends to get together and have a few drinks, but only when drinking moderately can we give full play to the function of wine, benefit drinkers physically and mentally, and make society harmonious, civilized and progressive. * * * Drinking together is a typical friendly behavior of friends, family or social activities. The law will not interfere, and there will be no mandatory provisions, which are mostly adjusted or restricted by social morality and customs.

b

However, under certain circumstances, friendship may turn into tort. For example, for example, we have all hitchhiked. The behavior of hitchhiking belongs to the category of social morality and is not subject to legal adjustment. However, if there is a traffic accident caused by hitchhiking and passengers are killed or injured, the driver who provides hitchhiking may also be liable for compensation.

Back to the issue of drinking with * * *, drinking with * * is a normal social activity, and there is not necessarily a legal relationship of rights and obligations between * * * and the drinker. When drinking with * * * does not cause specific danger to others, there is no possibility of reasonably foreseeing the danger, and other drinkers will not have corresponding security obligations and need not bear tort liability, but it often happens in judicial practice.

c

Article 6 of the Tort Liability Law, if an actor infringes upon the civil rights and interests of others due to his fault, he shall bear the tort liability.

Article 26 of the Tort Liability Law If the infringee is also at fault for the damage, the liability of the infringer may be reduced.

"Several Provisions of the Supreme People's Court on Evidence in Civil Litigation" Article 2 Matters on which the parties' claims against themselves are based.