Online stores sell "drinking exemption" recording equipment. Can this equipment be used casually?

Regarding "drinking exemption", from the former standard contract exemption clause to today's audio and video "exemption artifacts", can these objects really help drinking friends avoid liability?

The Red Star News reporter searched and found that there are stores selling drinking exemption products on the online e-commerce platform. Currently, the store only has 4 products on the shelves, all of which are related to "drinking exemption", including recording bracelets, recording pens and other equipment. The names of these products all have the words "dining and drinking together" and "exemption artifact".

Among these four products, the cheapest recording pen is priced at 169 yuan, and the most expensive recording bracelet is 428 yuan. The current sales volume of the products is zero. The Red Star News reporter tried to contact the store but had not received a reply as of press time.

On the product information description page, there is no obvious difference in function between this "drinking exemption" recording device and ordinary voice recorders.

In addition, the merchant also added a picture in a prominent position in the product description, which reads: "Are you still worried about the New Year dinner? Are you still worried about the business and wine? Discard "Drinking Disclaimer" "Letter of Liability!" The picture lists relevant provisions of the "Contract Law" to illustrate that the "Letter of Liability for Drunkness" is invalid. From this, the merchant pointed out his own recording equipment and said: "'Drinking Artifact' can prove itself. You don’t force the other party to drink. Just bring the ‘exemption weapon’, enjoy the meal and drink freely, and be a safe drinker!”

So, is this kind of exemption agreement or “drinking exemption artifact” really effective? ? According to the relevant rules of the Civil Code that have just been implemented, the following exemption clauses in the contract are invalid: "(1) causing personal injury to the other party; (2) causing property damage to the other party due to intention or gross negligence."

If you sign a liability exemption agreement before drinking, will you be exempted from liability after an accident? Liu Yihe, a lawyer at Tahota Law Firm, said: "(The "Drinking Disclaimer") actually exempts you from responsibility for causing physical harm to others. This is the same as the "Disclaimer" in a martial arts duel. If you sign, you will be beaten to death. It is definitely not an agreement that the person is not responsible for. According to the relevant provisions of the Civil Code: If the original contract clause is an exemption clause that causes damage to others, it will be invalid. ”

According to lawyers, stating "disclaimer" in the contract is actually invalid. So, what if the entire drinking process is filmed through "disposable drinking artifacts" such as recording equipment and recorders?

The lawyer pointed out, "If the audio or video can prove that you did not persuade you to drink, according to the provisions of the Tort Liability Law, if you can prove that you have fulfilled your obligations, you can be exempted from relevant responsibilities." It should be noted that, "It must be noted that the collection of audio and video recordings should be done without infringing on other people's privacy. For example, if it is at a friend's house, you should obtain permission from others in advance. Otherwise, the court may exclude such audio and video recordings as illegal evidence. ."

The lawyer said that there is no need to "talk about drinking and getting drunk". Not every time you drink with someone, you will be so nervous. Even if there is no such "drinking exemption artifact", "if there is evidence to prove that you did not persuade the drinker to drink during the drinking process, and even said that you were still persuading the drinker to drink less, in this case, your obligations have been fulfilled, and it is OK Disclaimer ”