Of tax of law of Yue Lv division -- the life piece
Quiz:
Classmate of my high school, before the marriage that plays a good friend single party. The atmosphere of the party is rising, friends annulus move propose a toast to accurate bridegroom. Cannot think of, accurate bridegroom suddenly faint, everybody sent hospital first aid him immediately. The family of accurate bridegroom comes a hospital very quickly, the medical expenses that lets the friends that have a meal together take rescue and nurse cost, still must compensate for brushstroke delay one's work to expend at the same time. Everybody is very dissatisfactory, think accurate him bridegroom drinks drink dizzy, everybody sends a hospital him already the feeling of friend of not let sb down, by what even they come medical expenses of pay for sb and expect to be repaid later, want them to recoup a loss?
Spend the New Year every year, we can see such news, old friend party drinks, someone goes an accident after wine, a nonabstainer should assume responsibility. Development of add of this after the event also is such, a few people and person of accurate bridegroom home discussed, smooth spread out medical treatment is expended. Compensation is not much, but to the friend one is taught a lesson, do not want informal urge sb to drink. , he is special also at the same time rejoice to did not cause more serious consequence.
people drinks drink a problem, does the person of urge sb to drink. also want to be in charge of?
Yue Lv division:
In a few drinking circumstances, some people can spell wine each other, not drinker may by person urge sb to drink. , even fill wine. Somebody still likes to irritate a person with a few languages, for instance " sentiment covers tightly greatly readily " " do not drink this cup of wine you are insufficient brother " " you are look down upon I, the wine that does not drink me " etc. The person of good outer part hears these words, disregard the standard that oneself drink probably, cheer directly. Behavior of this kind of urge sb to drink. often happens, but people is not clear about sometimes, action of a few urge sb to drink. should assume responsibility.
Usually, urge sb to drink. does not break the law. But if have in the Cheng when drinking very apparent force action of sexual urge sb to drink. , start work for instance the direct fill wine, word that say to coerce or provokes the other side, do not drink wait with respect to stick like a limpet, by urge sb to drink. person once get hurt, urge sb to drink. person the likelihood is about to assume due legal responsibility. If the other side is already malty, unconsciousness wakes to did not contain power completely, urge sb to drink. person still continue urge sb to drink. , also need to bear legal responsibility so.
Still having a kind of case is, because some people are allergic, perhaps may cause a few diseases to cannot drink really. If urge sb to drink. person do not know a condition, urge sb to drink. may not need to assume fault responsibility; If know the other side drinks bender to cause a disease, return urge sb to drink. , need according to " tort liability law " medium regulation, assume fault responsibility.
Assumed responsibility is pecuniary compensation commonly, include medical treatment cost, nurse the cost, transportation expenses reasonable charge that is cure and rehabilitation defray. If drink person also be laborer at the same time, compensate for because of delay one's work reductive income even. Normally the organizer of wine bureau needs to assume liability to pay compensation, urge sb to drink. person assumed responsibility is decided according to the circumstance.
In this case, allow bridegroom to because drink,did not cause more serious consequence fortunately. This kind incident is not scarce, spend the New Year every year, we can see urge sb to drink. gives the report of the accident.
Spend the New Year this year I see the accident reports one case, wine of the person that drink is driven die. Of accident happening that day, xiaoliu is invited to go to home of a friend having a meal, he does not want to drink, drive designedly, when preparation has a meal, say: I cannot drink, I drive even come home. Friends insist to persuade Xiaoliu to drink however. On road of small later Home Liu Hui with barge against of a van, die on the spot. Xiaoliu's family sues people court, forensic court decision, a few friends that drink with Xiaoliu should assume fair liability to pay compensation.
Because,this is, they know perfectly well Xiaoliu to drive, persuade him to drink even. Small Liu drunk wine should drive come home, indulge he drives leave, all did not arrive corresponding dissuasion is compulsory. The person that final court adjudicates urge sb to drink. should assume the responsibility of 40% .
Wine drives the issue that punishment is the last few years. "Drink not to drive, drive not to drink " in the acknowledge that the idea still does not have completely embedded people, still somebody is adopting fluky mentality, those who think oneself are drunk is not much, drive very firm, and won't so " the dot is carried on the back " be blocked by the policeman or give an accident. Also somebody thinks him capacity for liquor is very good, drink less irrespective.
Hit wine to drive to father, to prevent to be the same as desk drink to did not make dissuasion bringing about wine to drive thereby have an accident, a lot of places, include administration of justice among practice, of the person that stipulate wine is driven with desk also have due responsibility. So you and friend drink, if the other side thinks he drives come home, you must prevent him, otherwise he is blocked by the policeman, give an accident even, you want to be in charge of, because you all did not arrive,dissuade obligation.
Of course, block the other side not to drive merely come home, perhaps calling a generation to drive to him also is insufficient. If do not have a person that drink to send safely,come home, perhaps put him excellent in you left, nobody takes care of him, in case the person that drink appeared accident, law also may decide you are in subjective on the fault with constant presence. Have so a case: Someone drives to drink with the friend, the friend dissuades him not to drive come home, then he chooses to walk. Around the village when, because he is drunk too much, trip is on the road, in the middle of the night nobody discovers him. When he is discovered, had died the following day.
So this kind of circumstance falls, even if the other side did not drive, as the friend accountability also hand in him in the hand that can take care of him. Accordingly, should invite a friend to drink to perhaps organize friends to drink, must accomplish take care of obligation, avoid to bring harm to others, avoid to bring needless trouble to oneself.
If we discuss today, the problem is, whether does urge sb to drink. break the law? Have 4 kinds of cases below, wine friend should be the person that drink to assume responsibility:
1, force sexual urge sb to drink. , forcing the other side is drunk;
2, know perfectly well body of the other side bad or drive, even urge sb to drink. ;
3, the person that do not have will drunk wine sends safely in arriving home;
4, know perfectly well the other side to drive, even urge sb to drink. , perhaps did not dissuade the behavior that drives after wine.
Below 4 kinds of afore-mentioned circumstances, urge sb to drink. person be to should assume corresponding responsibility. So, till urge sb to drink. should be nodded.
Perhaps you listen to me to tell here, can say, how to drink a wine to return so troublesome?
Drink really very troublesome. Alcohol can be paralytic the person's nerve, at that time of the person accuse force oneself very low, arrive besides the injury oneself, still may injure another person, encroach the rights and interests of other. A lot of criminal cases, if injure a person provoke affray, intended harm, intentionally,sending a person to commit murder serious injury, intentionally is caused. The person that drink wants be out of pocket to be imprisoned even not only finally.
A few this years the regular meeting when us sees the undergraduate drinks fermented glutinous rice become tragic news. More and more youths like to use drink atmosphere of solar term of decompression, attune, undertake making friend, wine desk culture has permeated an undergraduate to lay a group to high school very in. Instead those like the middleaged person from ridicule, put down goblet in succession, begin to drink a tea of preserve one's health.
Once before dawn goes to the airport, transient the area that one place bar collects, what I see a lot of youths are drunk is as drunk as a sow, walk unsteadily in roadside, I am thinking at that time, it is summer fortunately not cold, if in the winter, wine bureau organizer may be about to bother.
Right now of attend a lecture you, may think, oneself just won't drink drink lose accuse force oneself, drink less irrespective.
Regard an a lawyer, job as old old person nevertheless, I still feel, atmosphere of solar term of decompression, attune, communication feeling has a lot of methods, drinking is not a best absolutely. So, before alcohol, please for safety, restrain oneself for health, do not indulge oneself mood with wine, also do not want the condition of a danger after friend park drunk wine.
