商家违法售酒行为的侵权责任认定——以胡某某、王某某诉德某餐厅、蒋某某等生命权纠纷案为视角

Determining Liability for Infringement in Cases of Illegal Alcohol Sales by Merchants—A Study Based on the Case of Hu and Wang v. De Restaurant and Jiang et al. (A Dispute over the Right to Life)

摘要: 饮酒文化在我国缘来已久，在聚会中人们常常通过饮酒来烘托气氛，增进彼此的感情。然而，对于未成年人来说，其自制力往往弱于成年人，在饮酒后更容易出现危险事故，所以我国在未成年人保护法中规定禁止向未成年人售酒，但实践中商家向未成年人出售酒的现象却层出不穷。本文将从最高人民法院发布的指导案例227号“胡某某、王某某诉德某餐厅、蒋某某等生命权纠纷案”为切入点，分析商家售酒的违法性、因果关系及责任划分，并结合域外立法的可借鉴之处提出相关建议，希望能够完善商家售酒行为规范并为未成年人创造一个良好的成长环境。

Abstract: The culture of drinking has a long history in China, and people often use alcohol to liven up the atmosphere and strengthen bonds during gatherings. However, minors typically have less self-control than adults and are more prone to dangerous incidents after drinking; therefore, China’s Law on the Protection of Minors prohibits the sale of alcohol to minors. In practice, however, instances of merchants selling alcohol to minors continue to occur frequently. This paper takes Guiding Case No. 227 issued by the Supreme People’s Court—“Hu and Wang v. De Restaurant and Jiang et al. (A Dispute over the Right to Life)”—as its starting point to analyze the illegality of merchants selling alcohol to minors, the causal relationship involved, and the allocation of liability. By drawing on the strengths of foreign legislation, the paper offers relevant recommendations aimed at refining the regulatory framework governing merchants’ alcohol sales and creating a healthy environment for minors to grow up in.