Recently, the news of the death of the Internet celebrity "Yang Lao Er" has attracted the attention of many netizens.
His family told ** that on February 20, Yang Lao Er "was poured alcohol during the social fire performance, and then lay down in the house to rest, and the family found him dead after the snoring stopped."
This incident sparked netizens' concern.
Discussion of whether or not alcohol is responsible.
If you really die due to being drunk, how will you bear the responsibility?
Let's take a look at the professional interpretation of Zang Desheng, a member of the lawyer expert database of "Rule of Law**" and a lawyer of Beijing Jingjing Law Firm!
This case is different from ordinary common drinking, which is that during the performance, the onlookers persuade the performers to drink. In this case, if the person who advises the other party to drink alcohol knows that the other party cannot drink alcohol or is already drunk, but still persuades the other party to drink, causing alcohol poisoning or other harm to the other party, or even death, according to the provisions of Article 1165 of the Civil Code, if the person who advises the other party infringes on the civil rights and interests of others due to his fault and causes damage, he shall bear tort liability. If it is found that the person who persuades the performer to drink alcohol is accompanied by acts of forced drinking, coercion, disguised coercion, or coercion, forcing the performer to drink a large amount of high-grade liquor, which ultimately leads to his death, the person who advises the performer may need to bear criminal responsibility. Where the person who persuades the performer clearly knows that drinking a large amount of liquor in a short period of time will cause people to be drunk, unconscious, vomiting, or other harmful results, and also forces the performer to drink a large amount of alcohol, which ultimately leads to the death of the other party, the harmful result may violate the provisions of Criminal Law article 233, and where negligence causes death, a sentence of between three and seven years imprisonment is to be given; where the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than three years, and the price is not insignificant. The coal yard of the performance club is the organizer and venue provider of the event, and has the obligation to ensure the safety of the entire performance activity. At the same time, the coal yard is familiar with local customs and knows in advance that the actors may be drinking during the performance, so the coal yard should have a reasonable duty of care to remind, advise, assist, care and help the actors for drinking or similar specific dangerous behaviors. If the failure to fulfill the duty of care results in the actor dying due to excessive drinking during the performance, he shall bear the corresponding liability for compensation. The fire team and "Yang Lao Er" were joint participants in the activities during the performance, and also had a reasonable duty of care for the drinking behavior of "Yang Lao Er" during the performance, and at the same time, the social fire team should take proper care of the drunk "Yang Lao Er", and if the social fire team failed to fulfill the above duty of care, it also needed to bear the corresponding liability for compensation.
Looking back on this incident, "Yang Lao Er" once again sounded the alarm bell of civilized customs to the society at the cost of his life, and the onlookers persuaded the performers to drink and pour alcohol at the event site, which is not only harmful to the health of the performers, but also has long been separated from the original meaning of beautiful and harmonious traditional customs.
*: Rule of Law**).
Editor: Yao Hao].
*: Rule of Law**).