The amount of alcohol in the northeast is leveraged, but people can't drink a thousand cups without getting drunk, and they can't help but listen to advice after drinking, especially now that many people have cars, they can't drive willfully.
Once an accident occurs, it will not only make the relatives miserable, but also cause big trouble to relatives and friends, and the people who are kind enough to invite the banquet and drink will jump into the Yellow River to wash away, no matter what, they must deal with this sudden incident.
I am Kyokiko Hikari, telling the story of the rule of law and popularizing legal knowledge, welcome to read.
However, in the face of such a thing, do not panic, to find as much evidence as possible to restore the truth of the matter, after all, now the tort liability has a law to rely on, who should be responsible is who, the law has its own justice.
It is another year of harvest season, but also a busy autumn harvest in Jixi City, Heilongjiang, and Chen Qi's family, who lives in an ordinary village in Jidong County, is even busier. Because of his hospitable nature, Chen Qi also invited Zhang Bing, Huang Shan, Xia Qiang, Sun Lin and several friends of the same age to taste the first stubble of rice in autumn.
In the countryside, inviting people to eat in autumn is also exquisite, it can be said that it is eating while collecting, and the owner's family who is willing to help will not refuse, which means the meaning of the harvest in the coming year, which not only pleases the head, but also contacts feelings. After a few people have been busy in the morning, it is natural to greet them with good wine and good dishes at noon.
Three or five confidants together, although still doing farm work, not drinking a cheerful is not in line with the character of northeasterners. After lunch, several people were a little numb, and Zhang Bing even had to drive to collect rice for Chen Qi's family. At this time, Chen Qi was still more sober, because he was afraid of accidents and did not agree with Zhang Bing's proposal.
Later, Chen Qi arranged for Zhang Bing to rest at home, and he and several other friends continued to harvest in the field. At about six o'clock in the afternoon, a sumptuous dinner was served again, and several people continued to drink and eat, and poured wine from each other.
At 7 o'clock in the evening, the busy and pleasant day was probably over, during which Huangshan lived relatively closely, and something left first. Zhang Bing and Xia Qiang, who were left behind, drank a bottle of beer with Chen Qi. At this time, several people were a little drunk, and Zhang Bing and Xia Qiang insisted on driving home.
Chen Qi saw that both of them were a bit drunk, so he did not let the two drive home, but at this time Chen Qi stopped this and could not stop that, and finally the two insisted on getting into the car, after some prevarication, Zhang Bing and Xia Qiang both swore that there would be no accidents. Seeing that he could not dissuade the two, Chen Qi could only give up.
However, at about nine o'clock in the evening, Chen Qi received a call from Zhang Bing's wife, who kept asking whether Zhang Bing was still at Chen Qi's home, and after learning that Zhang Bing had left at 7 o'clock and left at 9 o'clock, Chen Qi deduced that Zhang Bing might have an accident, and at this time he couldn't help but be scared out of a cold sweat and immediately searched all the way along the way.
That night, the dark wind was high, the autumn wind was scorching, and it was not easy to find people in the vast night. However, in order to find the whereabouts of Zhang Bing as soon as possible, Chen Qi did not dare to be idle, and finally at about 4 a.m. the next day, the traffic police investigation learned that Zhang Bing drove into a deep ditch on the side of the road, because of the brain damage, he had died on the spot.
Once a person dies, it is a big trouble. No matter how Zhang Bing died, in short, he was invited by Chen Qi to his home for a banquet and drink that day, and Chen Qi was definitely to blame. As for how to take responsibility, it will be really difficult to determine for a while and a half.
Zhang Bing's family believes that her husband was invited to Chen Qi's home for a banquet, Chen Qi knew that Zhang Bing drove and let him drink, and then let him leave alone after the banquet, ignoring it, which was the main reason for Zhang Bing's death in a car accident, and Chen Qi should bear the main responsibility for Zhang Bing's death.
As for the other three drinkers, Zhang Bing's wife believes that they knew that Zhang Bing had drunk alcohol, did not effectively dissuade Zhang Bing when he wanted to drive home, and allowed Zhang Bing to drive away by himself, and should also bear secondary compensation for Zhang Bing's death.
In response to Zhang Bing's wife's rebuke, Chen Qiliu was overwhelmed and agreed to make compensation, but the other three drinkers objected to this, believing that when Zhang Bing wanted to drive home, he had fulfilled his obligation to dissuade and fulfilled his duty of safety, and did not let Zhang Bing drive home, but Zhang Bing insisted on leaving.
Moreover, in the whole incident, there is no evidence that the drinker has a substantial infringement such as persuading the drinker to drink and forcibly pouring wine, and Zhang Bing's death is completely the result of his own dissuasion, Zhang Bing should bear his own responsibility, and the drinker should not bear unnecessary responsibility.
It is true that the public is justified and the wife is justified, but whose claims and justifications can be supported by the law? In recent years, although the number of accidental deaths caused by drinking has gradually decreased, it is still objective, after all, the wine culture of the Chinese people is still prevalent, and it will not be able to stop for a while and a half.
So, how exactly do you not have to take responsibility in the liquor store? First of all, it is not possible to force alcohol, secondly, do not persuade the drunk to drink when you know that the other party cannot drink, third, you must escort the drunk to your home safely, and fourth, you must fulfill the obligation of dissuasion to drunk drivers.
If there is evidence that Chen Qi and the other four drinkers have indeed fulfilled the above responsibilities, there is a high probability that they are not responsible, and even if they are responsible, they are also very small responsibilities. But Zhang Bing,a big living person, was gone, how could the family members give up, in short, it was a very troublesome thing, and finally the two sides went to court.
According to the practice of the rule of law, this kind of case is quite troublesome, generally there is a drunken death accident, and the evidence collection is quite difficult, because the scene has basically been destroyed, and the testimony between each other cannot be effective, after all, from the perspective of people's self-interest, it is difficult to prove that each other is not at fault.
In this case, Chen Qi, as the organizer of the banquet, is the main security guarantee person, should fulfill the security obligation, Zhang Bing was invited to Chen Qi's home to participate in the banquet, Chen Qi should have an understanding and attention to the actual state of each guest and the amount of alcohol, if found that there are alcoholics, they should be dissuaded in time to prevent the occurrence of drunkenness.
However, Huang Shan, Xia Qiang, and Sun Lin, as co-drinkers, should fulfill their safety and security obligations such as reminding, dissuading, supporting, caring for, and escorting within a reasonable range when drinking together, and if they are performing such obligations, they should be judged to be subjectively negligent.
It is still difficult to say that this is still difficult, what is the obligation to fulfill the security guarantee within a reasonable range? Everyone knows that drinking alcohol is a normal category in social behavior, persuading others to drink less always feels unruly, most of them will not be stopped, in fact, this is a wrong cognition, you do not stop you are responsible.
Under normal circumstances, if the co-drinker enters a state of excitement and cannot extricate himself, or has been drinking with the same drinker or even entering a state of alcoholism, at this time, he should be reminded and dissuaded, and if necessary, he can also notify his relatives and friends or the social public management service department to eliminate the danger in a timely manner, which is one of the safety and security obligations that the co-drinker should bear within a reasonable range.
This article is an original work of Kyokiko Hikari, welcome to read.
In addition, co-drinkers who may endanger their personal safety should take care of each other, give the drunk the greatest support, personally take care of them and escort them to their homes and hand them over to their relatives and friends for care, or send them to medical institutions for treatment to ensure that their personal safety and property are not damaged, which is also a reasonable safety guarantee obligation that co-drinkers must fulfill.
However, in this case, Chen Qi, as the organizer of the banquet, although he was reminded and dissuaded after drinking, he failed to effectively stop Zhang Bing from driving home after drinking, and the other three people also did not actively discourage Zhang Bing's drunken driving home behavior, failed to fulfill the obligation of safety and security within a reasonable range, and should bear certain responsibilities.
Zhang Bing, as a person with full capacity for civil conduct, should have a very clear understanding of the possible damage consequences caused by drunk driving, and after investigation, Zhang Bing is driving drunk without a license, and he is at fault, and should bear the main responsibility for the result of his own death. In the end, the court ruled that Zhang Bing himself bore 90% of the main responsibility, Chen Qi bore 4% of the secondary responsibility, and Huang Shan, Xia Qiang, and Sun Lin each bore 2% of the secondary responsibility.
Although drinking is a means of communication, but must be done according to the ability, especially driving vehicles must not drink alcohol, in short, follow the "drinking does not drive, driving without drinking" can avoid many incidents and unpredictable risks, Zhang Bing's lesson is very profound, but also to people who like to go to the banquet and drink again sounded the alarm bell. (The main purpose of this article is to use the case to popularize legal knowledge, the characters are pseudonyms, please do not enter the seat.) ）