Who is responsible for drowning after dinner?| BRTV "Reading of Civil Law Code"

Wine culture has a long history in our country. Three or five friends gather together, colleagues' dinner, and work compensation will not be avoided to push the cup and change the cup. Excessive drinking not only hurts the body, but also causes safety accidents. If a personal casualties have caused legal disputes after drinking together, do drinkingrs need responsibility?

Recently, Judge Zhu Zheng, the People's Court of the People's Court of Pinggu District, Beijing. Professor Xi Zhiguo of the University of Political Science and Law jointly discussed "the responsibility of drunkenness in dinner and drunk."

01

Case introduction

Chen Moumou, Zheng Moumou, Luo Mou, and Jin Moumou were villagers in the same village, and they were all taxi drivers. The relationship between the four was better. On August 5, 2021, after Jin Moumou returned to the county, Chen Moumou, Zheng Moumou, and Luo Mou had a lunch in a restaurant. After a meal, the three continued to leave the hotel by taxi driving (drunk after drinking). When the vehicle is driving to the river, all four get off after parking. Jin Moumou took off the river by himself and drowned unfortunately. Jin Moumou's family members sued the three of them, Chen Moumou, Zheng Moumou, and Luo, who asked for compensation for compensation for compensation compensation and funeral expenses for more than 1.2 million yuan.

After the trial of the People's Court of Pinggu District of Beijing, the four of them drank after the dinner. Luo Mou drove Chen Moumou, Zheng Moumou, and Jin Moumou to the scene of the incident. There is a certain safety protection obligation. Jin Moumou made a dangerous behavior of going down the river after drinking, put himself in a serious danger, and had a major fault. The Pinggu Court determined that Jin Moumou assumed its main responsibility, and the remaining three of them jointly assumed the secondary responsibility to judge Chen Moumou, Zheng Moumou, and Luo Moumou to compensate Jin's family members. The third defendant was not convinced that the verdict was made to appeal. Because he failed to pay the case acceptance fee on time, the Beijing Third Intermediate People's Court ruled that in accordance with Chen Moumou, Zheng Moumou, and Luo Mou, it automatically withdrawn the appeal. Essence

02

Law link

Article 10,200 of the "People's Republic of China" stipulates that natural persons enjoy the right to life. Natural person's life safety and life dignity are protected by law. Any organization or individual must infringe on the right to life of others.

Article 1,165 stipulates that if a perpetrator causes damage to the civil rights and interests of others by fault, it shall bear the liability for infringement. It should be preserved in accordance with the law that the perpetrator is faulty. If he cannot prove that he has no fault, he shall bear the liability for infringement.

Article 1,173 stipulates that if the infringer has a fault on the occurrence or expansion of the same damage, it can reduce the responsibility of the infringer.

Article 1,190 stipulates that if a full capacity for civil behavior has no consciousness or loss of control caused by his own behavior, it shall bear the liability for infringement; Appropriate compensation. If a person who has a complete civil behavior, a person who is drunk, abuse of anesthesia or psychotropic drugs for the time being temporarily unaware or losing control of others, and cause damage to others, shall bear the liability for infringement.

03

There are questions and answers

ask:

What are the responsibilities need to be assumed?

Answer: The co -drinking person has the obligation to remind, dissuade and notify other drinking people in the process of drinking, and has the obligation to take care of, care and escort the drunkard. In the case of threat. There is a certain safety protection obligation among the co -drinking people. If the alcoholic accident causes an accident due to persuading alcohol, the occurrence of the alcoholic person's damage to others is fault. According to Article 1165 of the Civil Code, the perpetrator infringes the civil rights and interests of others due to the fault that causes damage to others' civil rights and interests. The liability for infringement shall be assumed, so the advise people shall bear the liability for infringement in accordance with the law. ask

If the victim's own behavior causes his death, do the friends who dinner need to take responsibility?

Answer: As an adult with complete civil behavior capabilities, he should pay attention to your own safety when participating in dining and drinking, and control the amount of drinking. If the co -drinker has fulfilled the corresponding obligation and does not have malicious persuasion, irrigation, and liquidation, the victim has caused him to die due to his own wishes. , Should bear the corresponding responsibilities. The court generally does not judge the liability for compensation for the co -drinking person who has fulfilled the obligations; if there is a certain negligence of the co -drinkers and the obligation to pay attention to the safety attention, they will also bear the responsibility as appropriate.

Video source: BRTV "Civil Law Code Conservation Reading"

Supply: Pinggu Court

Edit: Zhao Xuexiao Yao Rihui

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