The drunk of the minor girl bar is taken away, is the bar hotel be responsible?

Minor goes to the bar for entertainment and drink,

Don't stop the bar and open the back door to accept it?

Strangers bring drunk minors to open a house,

The hotel staff does not verify the identity,

Do not ask the relationship between the guardian and the relationship between the two parties,

Just go through the procedures for check -in?

Basic case

Jia is a minor. During her school, she was not careful during her school, which contaminated the bad habit of drinking alcohol. On the evening of May 7, 2021, Jia took the initiative to contact a few friends to a bar in Nanchang to drink. The staff of the bar knew that he was a minor and still opened the back door to let him enter the private room entertainment. During this period, several unknown minor strangers were here, but Jiamou did not watched and still drink until drunk.

At about 3 am the next day, Jia's three strangers who were drinking together came to a hotel in Nanchang. One of the strangers used his ID card to register at the front desk, and blatantly carried Jia to the hotel room from the front desk of the hotel to enter the hotel room. , But did not ask the guardian's information and the relationship between the two parties in accordance with the law, and did not report to the public security organs in time. The latter three strangers and Jia had an infringement on Jiamou during the hotel and Jiamou.

Afterwards, the police reported to the police. On June 17, 2021, he was diagnosed with anxiety and depression. Jiamou claimed to the court on the grounds of sexual assault on a bar and hotel in Nanchang to violate the protection of minors, and requested that a bar and a hotel in Nanchang to compensate for mental damage and medical expenses of 300,000 yuan.

Court decision

The People's Court of Donghu District, Nanchang City believes that the bar operators must not allow minors to enter. The behavior violated Article 58 of the Protection Law of the People's Republic of China.

When the hotel receives a minor, he should ask his parents or other guardians' contact information, the status relationship of the occupants, and find that there are suspected criminal suspects to report to the police in a timely manner. However, the staff not only did not hear, but also found that someone was still not inquiring when someone was drunk with the drunk minor. Regarding laws and regulations.

According to the "Protection Law of the People's Republic of China" and the "People's Republic of China", the court judged that the bar and the hotel were compensated for 10,000 yuan each.

Business song and dance entertainment venues, bars, Internet online services and other operators who are not suitable for minors' event venues shall not allow minors to enter. The operator shall set up minors for banning and restrictions in the significant position. If it is difficult to determine whether it is a minor, it should be required to show their ID.

Accommodation operators such as hotels, hotels, hotels, hotels, etc. should strictly fulfill their legal obligations and subject responsibilities to protect minors. They should receive their identities strictly and register them truthfully. The identity relationship with the residents, strengthening safety inspections and visitors, strictly implement the compulsory reporting system, and find that minors suspected of being violated or facing the danger of illegal infringement, shall perform the obligations of security protection and immediately report or report to the public security organs. If the obligations of relevant laws are violated and the abnormal situation is not reported, the corresponding legal liability will be assumed in accordance with the law.

The majority of parents should also strengthen the education and management of minors, so that minors form a correct outlook on life and values, self -esteem and self -love, cautious friends, and prevent such cases. Relevant competent departments shall strengthen daily supervision of hotels and hotels, establish and improve early warning and disposal mechanisms, realize risk prevention and control of minors, and protect the healthy growth of minors.

Source: Jiangxi High Court, Hunan High Court

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