Gathering people to drink and kill people.

Several common situations of "wine responsibility"

① Intentional drinking type.

Once upon a time, in the "wine culture" of many places, the unspoken rule of "don't get drunk and don't return" was formed, so drinking wine between banquets became a habit. In the case of personal injury compensation caused by drinking, because the drinker knows that excessive drinking will cause damage to people's health, if the damage occurs, it can be considered as a direct and intentional subjective fault. According to relevant laws and regulations, drinkers should bear the main legal liability for compensation.

② Indulge in drinking.

A "drinking buddy" drinks with a drinker while knowing that he has a certain disease or a limited amount of alcohol, or finds an adverse reaction after drinking, and knowing that there are other adverse consequences (such as drunk driving), but still fails to perform the obligation of dissuasion. If the life safety of the "drinking buddy" is ignored, which leads to the personal injury consequences of the "drinking buddy", it should be determined that the person who drinks with the victim has indirect intentional fault. According to the relevant laws and regulations, the person who drinks with the victim.

③ No rescue type.

Because of the existence of the "drinking agreement", the two sides not only reached a tacit understanding of drinking, but also had the convenience and characteristics to easily obtain and find out whether the drinker was drunk or not. From the perspective of cybernetics and information dissemination principles, drinkers have the right to notify in time when they find any adverse reactions. In this case, if a fellow drinker violates one or several or all of the above obligations and causes personal injury to other "drinkers", it shall be deemed that the behavior of the fellow drinker has causal effect on the occurrence of the injury consequence, and the fellow drinker shall bear corresponding liability for compensation according to the proportion of causal effect. The basis of this view is the second paragraph of Article 3 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases: "If two or more persons are not at the same fault, but several acts they carry out are indirectly merged to produce the same damage, they shall bear the corresponding liability for compensation according to the size of the fault or the proportion of the causes."

Neither side is at fault.

There have also been cases in judicial practice: one "drinking buddy" only advised another "drinking buddy" to drink a small amount of wine, and the other person became ill or even died, while the drinker did not know his illness before, and the advised person also thought that drinking a small amount of wine would not be dangerous. In this case, according to the fair responsibility, the drinker can be ordered to bear the compensation responsibility appropriately. Its basis is Article 132 of the General Principles of Civil Law: "If the parties are not at fault for causing damage, they may share civil liability according to the actual situation." On the whole, the principle of fault liability applies to the first three, and the principle of fair liability applies to the fourth.