Introducing a generation of drinking services on behalf of the driver

"3 kg of liquor, 3 boxes of red wine, beer has been drinking." - Recently, the generation of driving software e-drive announced the launch of the "e-generation drink" service, covering 36 cities in Beijing, Shanghai, Guangzhou and other national first-line and second-line, causing public opinion Wide attention and controversy. The following is a brief analysis of the legal liability of the parties involved in “e generation drinking”. Readers who are interested in this topic are welcome to leave a comment at the end of the article.

 

 

First of all, is it illegal to drink alcohol on behalf of people?

 

In civil law, there is no prohibition on the law, and the principle of voluntariness is pursued. As long as there is no prohibition on the law, it can be considered legal. Obviously, at present, there is no legal regulation prohibiting generations from drinking in China. However, whether it is the General Principles of Civil Law or the General Principles of Civil Law, it is clearly stipulated that in addition to not violating the law, civil activities must not violate the good customs of society. It is a violation of the traditional virtues of the Chinese nation to arbitrarily drink people on behalf of drinking. It is contrary to the Chinese wine culture. This is really a question of publicity and public opinion. On the one hand, in the traditional wine culture, drinking together is to drink true feelings, drink more drunk, and be considered a true brother, don't say that you spend money on behalf of people to drink, that is, the wine between friends is considered It is against the basic etiquette of the wine bureau. On the other hand, in the business banquet business activities, the subordinates are leaders who block the wine, and it seems to be considered a workplace ethics. Since subordinates can help the leader to drink, why can't they spend money on behalf of people to drink, it seems that there is no big deal. Therefore, it is really hard to say that e-generation drinking violates the public prosecution. It is also a problem if the law is not as wide as it is.

 

Secondly, e-generation provides a generation of drinking services. Does the platform need to bear corresponding legal responsibilities?

 

At this point, the e-drive platform is very professional and intelligent. It is clearly stated that it only provides information display services, and requires that the information displayed by the drinker is true, accurate and complete, and that the platform does not undertake auditing of the information. Obligation, please ask the drinker to assume the audit obligation on their own, and the two parties will reach an agreement on their own, at their own risk, and the platform will not bear any responsibility. The exemption clause is very professional, and the said that it has been said is very in place. At first glance, it is written by professional lawyers! Some lawyers have also questioned whether such exemption clauses are valid. If legally speaking, as long as the exemption clauses of these formats are reminded, it is really difficult to say that there is no reason for invalidity. Therefore, in my opinion, in the event of a dispute, as long as the e-driver platform can provide real information on behalf of the two parties, even if it is the responsibility of the platform. We should not add more responsibility to the platform class.

 

Finally, if the person who drinks alcohol has an injury accident, how do the parties bear responsibility?

 

Drinking too much is easy to hurt. This is a common sense in society. It is also common because of accidents in drinking and sometimes even life-threatening. How can people take responsibility for drinking accidents? In law, spending money on behalf of people to drink, is an employment relationship between individuals. According to the provisions of the Tort Liability Law, if the employee is injured in the process of providing labor services, the two parties shall bear the responsibility according to the fault. Therefore, the responsibility for the injury accident on behalf of drinking depends on the fault of both parties. Generally speaking, as an adult, in order to make money to volunteer to help people drink, they should be aware that the risk of drinking is a risky behavior, and the consequences should be borne by themselves. However, under the policy guidance of the general sympathy victims in current judicial practice, as long as the employer has a little fault, such as actively urging the wine without knowing the actual amount of alcohol, and failing to fulfill the duty of care after drinking, etc., it may be The order bears the corresponding liability.

 

Drinking and drinking, if you want to talk about my personal point of view, my opinion is that it is a happy thing to have a good drink with friends and family. Please ask someone to drink what to do. What? ! The so-called e-generation drink this kind of brain-opening marketing gimmick, it is good to get out early!