论文部分内容阅读
端午小长假将至,很多人会与家人、朋友一起聚餐饮酒欢度节日。就共同饮酒行为本身来看,它只是一种情谊行为,不属于法律行为。然而,共同饮酒后,因酒驾发生交通事故致人伤亡的案例屡屡发生,受害人或受害人家属往往会将共同饮酒者起诉至法院,要求其承担赔偿责任。本文针对此问题,详细梳理了劝酒者、同饮者承担赔偿责任的情形和归责原则。
Dragon Boat Festival is approaching a small holiday, many people and family and friends drink dinner party. As far as the common drinking behavior itself is concerned, it is only a kind of friendship and does not belong to legal acts. However, after drinking alcohol commonly, cases of casualties caused by traffic accidents frequently occur. Victims and their families often bring common drinkers to the court for compensation. In response to this problem, this paper combs the circumstances of the liability of indemnity and the principle of liability at large,