共同饮酒人侵权责任研究

Research on the Tort Liability of Co-Drinkers

摘要: “何以解忧，唯有杜康”，饮酒文化在我国已有悠久的历史，随着社会不断的发展，公民法律意识的不断增强，饮酒死亡同饮者侵权纠纷案件逐渐增多。但由于目前并没有法律明确的规定，司法裁判标准并不统一，导致在饮酒死亡同饮者责任纠纷案件中，如何适用归责原则、认定注意义务和过错以及责任比例划分存在诸多争议。有的些法院在适用归责原则时，不当扩大公平原则的适用范围，导致归责原则适用不一致。至于同饮者注意义务的认定不同法院对同饮者安全注意义务的边界认定存在较大分歧。而法院对同饮者主观过错的认定多依赖法官的自由裁量，导致同饮者是否存在过错、过错程度轻重的判定具有较强的主观性。至于同饮者责任的比例，各地法院认定结论不一。

Abstract: “Nothing but Dukang can alleviate my worries.” Drinking culture has a long history in China. With the continuous development of society and the enhancement of citizens’ legal awareness, disputes over tort liability arising from deaths caused by co-drinking have gradually increased. However, due to the absence of explicit legal provisions, the standards for judicial adjudication remain inconsistent, leading to numerous controversies regarding the application of imputation principles, determination of duty of care and fault, as well as the apportionment of liability in cases involving co-drinker liability for drinking-related deaths. Some courts improperly expand the scope of application of the principle of fairness when applying imputation principles, resulting in inconsistencies in the application of such principles. As for the determination of co-drinkers’ duty of care, different courts have significant disagreements regarding the scope of co-drinkers’ safety duty of care. Moreover, courts’ determination of co-drinkers’ subjective fault often relies heavily on judges’ discretion, leading to strong subjectivity in assessing whether co-drinkers are at fault and the degree of such fault. Regarding the apportionment of co-drinkers’ liability, courts in different regions have reached varying conclusions.