STUDY ON THE SETTLEMENT OF DISPUTES IN DRINKING WITH OTHERS

Drinking with others belongs to a kind of social relationship among friends, and to a large extent, it also belongs to the scope of moral adjustment, but also often leading to infringement. At present, there are still some problems to be solved about the boundary of moral and legal adjustment of drinking with others. Based on the social aspect, this paper explores the solution of the dispute over drinking with others from the moral and legal aspects, and points out that the necessary restraint should be exercised in judicial settlement, leaving enough space for moral settlement. In the study, historical analysis and empirical analysis are used according to the differences of the problems discussed. In view of the moral settlement of the dispute from drinking with others, the author uses the historical analysis method, and points out that the dispute resolution should consider the moral psychology of the Chinese based on the traditional Chinese legal system. It employs the moral education with the help of guiding cases. In view of the application of the legal rules of drinking with others, the author uses empirical analysis method to find the appropriate restraint rules when judging the duty of attention of the drinkers who drink together, and should carry out case analysis according to the differences in the specific case, and consider the differences between the general obligations and specific obligations, so as to apply the law accurately.