laitimes

The end of the persuasion

author:Fengguo Law Firm

#普法行动 #

Text: Tong Xindi

Photo: Chen Yinuo

After the final exam was completed, Fang Fang and a few buddies made an appointment to gather at a popular KTV gathering in the city. Tomorrow is winter vacation, and everyone is ready to go out tonight to celebrate.

Coming to the private room of KTV, Fang Fang found that in addition to a few friends of the same age, there was also a big brother who had never seen him. After the introduction, Fang Fang learned that the eldest brother was a cousin of a classmate, and this private room was opened at his expense, and the table was full of snacks and fruits he ordered.

After singing a few songs, the atmosphere came alive, although it was the first time to meet, everyone felt very kind to this generous big brother. While playing to the head, the eldest brother offered to have a few drinks with several people. Although they were not yet adults, Fang Fang occasionally accompanied the elders to drink when they were at home during the New Year, so everyone did not object.

After a while, the waiter knocked on the door and walked into the private room, and a dozen bottles of beer were put on the table. After the eldest brother raised a glass first, everyone happily poured their glasses, although the taste of the wine was a little bitter, but everyone drank very happily.

After three rounds of drinking, and adding a few plates of snacks to drink, Fang Fang began to feel a little dizzy, but the atmosphere in the private room was still very warm. Everyone felt that it was a little boring to just drink and started playing games. Fang Fang's temperament is not good, and whenever he loses to others, he is fined one cup after another. Gradually, Fang Fang felt some palpitations, but in everyone's happy laughter and persuasion, he still did not refuse the wine glass handed by others, who knew that after drinking a few more glasses of wine, Fang Fang's consciousness began to blur, and before he could say his discomfort, he fell headlong onto the table, unconscious.

When he woke up again, Fang Fang was already in the hospital. The mother in front of the hospital bed saw him wake up and cried uncontrollably, while the father next to him seriously educated him after a sigh of relief.

Fang Fang learned that after he fainted, his panicked friends were frightened and called the police, and then he was taken to the hospital by the police. As a minor, he did not drink well, and almost went into shock after excessive drinking. The parents who rushed to the hospital stayed up on the ward all day during his unconsciousness.

After that, Fang Fang's body recovered, and the friends present that day solemnly apologized to him after sharing his medical expenses. Everyone received criticism and education from the police together, knew that if the alcohol persuasion caused the loss of life and health of others, they should bear the tort liability, and realized that they should think twice when persuading the wine at the wine table in the future.

Lawyers suggest that young people should try to avoid the vice of smoking and drinking in their interactions with their friends, and should not forcefully persuade others to drink at the dinner table, otherwise they will cause damage to the health and life of others, and persuade the drinkers to bear tort liability.

Excessive drinking harms oneself and others, strong persuasion to drink harms others and harms oneself, everyone should choose a healthy way of playing in the relationship with friends, correctly distinguish between right and wrong, do not blindly imitate the behavior of adults, and consider more for the health and safety of themselves and others.

Relevant laws:

Article 6 of the Tort Liability Law of the People's Republic of China [Principle of Fault Liability] The perpetrator shall bear tort liability for infringing on the civil rights and interests of others due to fault.

Where it is presumed that the actor is at fault in accordance with the provisions of the law, and the actor cannot prove that he is not at fault, he shall bear tort liability.

Article 16 of the Tort Liability Law of the People's Republic of China: Where personal injury is caused by infringing upon others, reasonable expenses for treatment and rehabilitation, such as medical expenses, nursing expenses, and transportation expenses, as well as income reduced due to lost work, shall be compensated. Where disability is caused, compensation shall also be made for the cost of assistive devices for the disabled and compensation for disability. Where death is caused, funeral expenses and death compensation shall also be compensated.