Recently, the Shihahe Court of the Wulat Zhongqi People's Court, together with the judicial office, the police station and the mediators in the town and village, successfully mediated a dispute case involving the right to life, the right to body and the right to health.
The victim in this case spontaneously combusted after drinking alcohol at a family in Jiao, a neighboring village, and spontaneous combustion caused by a vehicle failure on the way home, and the victim died of suffocation in the car. After the incident, the victim's wife demanded 1 million yuan in compensation from Jiao and 5 other co-drinkers. In order to avoid the intensification of contradictions between the two sides, the Shihahe Court, together with judicial offices, police stations and town and village mediators, set up a mediation team. After understanding the basic facts of the case through visits and investigations, the mediation team organized the two parties to conduct mediation. After several mediations, the two parties finally reached an agreement and signed a mediation agreement. After the Shihahe court judicially confirmed the mediation agreement, Jiao and five other people fulfilled their compensation obligations, with a total compensation of 250,000 yuan.
How can the consequences of alcohol consumption be attributed?
For the issue of attribution of the consequences caused by drinking, after comprehensive analysis, there are two principles of attribution, one is the principle of fault liability, the other is the principle of fair liability, and the general basis and standard for dividing this principle of attribution are mainly to see whether the co-drinker is subjectively at fault in the process of drinking, if subjectively there is fault, it should bear the corresponding civil liability, and if there is no fault, it will not bear civil liability.
There are three common situations in which liability is required for the consequences of injury or death from common drinking:
1. Deliberately pouring alcohol and persuading alcohol. In the "wine culture" in many parts of our country, the custom of "not getting drunk and not being friends enough" has been formed, and some simply "give up their lives to accompany gentlemen".
Those who persuade or drink alcohol to know or should know that others cannot drink alcohol due to physical illness, or who have just recovered from drinking alcohol, or who have just recovered and are not suitable for drinking again, or who clearly state that they cannot continue to drink due to reasons such as the limit of alcohol or their physical condition, or there is evidence sufficient to prove that a co-drinker is not suitable for continuing to drink, but still against his will, he or she is forced or urged to drink together, etc., and has the intention or gross negligence to harm the health of others.
The consequences of damage caused by this situation and reason shall be determined to be subjective fault, and according to the relevant laws and regulations, the person who pours alcohol or forcibly persuades him to drink shall bear the main liability for compensation.
2. Indulgent drinking. The drinker knows that the person with whom he drinks has a certain disease or a limited amount of alcohol or finds adverse reactions after drinking alcohol and knows other adverse consequences (such as drunk driving), etc., but still does not perform the obligation of dissuasion and drinks with him, regardless of the life and safety of the "drinking friend", and allows it to develop, resulting in the personal injury consequences of the "drinking friend", it should be found that the person who drank with the victim has indirect intentional fault, according to the relevant laws and regulations, the drinker should be ordered to bear more than 1/3 of the legal liability for compensation according to different circumstances.
3. Non-rescue type. Because of the existence of a "rendezvous drinking agreement" between drinking friends, the two parties not only reached a tacit understanding of joint drinking, but also because of the closest distance between each other in the process of joint drinking, they also have the convenience and characteristics of obtaining and discovering whether the drinker is drunk and whether there is an adverse reaction, etc. From the perspective of cybernetics and information dissemination principles, the same drinker has the legal and moral obligations of timely notification, timely assistance, timely care and help after the discovery of adverse reactions.
Tips:
As a person with full capacity for civil conduct, we have the duty to pay proper attention to our own safety, drink alcohol in moderation, and must not cause such tragedies again because of the threat to our own lives and safety because of greed.
As a subculture of our society, wine culture does not belong to the space outside the jurisdiction, although adults have the freedom to drink, but they also have a high degree of attention and protection obligations to their own safety and the personal safety of others. Therefore, while ensuring their own safety, the participants of the winery also have a high duty of reminder and care for the personal safety of the same drinkers, otherwise they will be evaluated by law.
Zhang Jing, an all-media reporter at Bayannaoer Daily