Legal analysis: both parties at the gathering are persons with full capacity for civil conduct and have the right to dispose of their rights and obligations. As a person with full capacity for civil conduct, the deceased should have a clear understanding of his physical condition and the amount of alcohol he drinks before his death, and should also fully foresee the serious harmful consequences that may be caused by excessive drinking, but he can't control himself during drinking, and he is negligent, leading to excessive drinking and death.

legal basis: article 165 of the civil code of the people's Republic of China

if an actor infringes upon the civil rights and interests of others through fault and causes damage, he shall bear tort liability.

if the actor is presumed to be at fault according to the law, but he cannot prove that he is not at fault, he shall bear tort liability.

article 169th whoever instigates or helps others to commit an infringement shall be jointly and severally liable with the perpetrator.

Whoever instigates or helps a person with no capacity for civil conduct or a person with limited capacity for civil conduct to commit tort shall bear tort liability; If the guardian of the person without civil capacity or with limited civil capacity fails to perform his guardianship duties, he shall bear corresponding responsibilities.