基于收益与风险项一致原理、法人社会责任理论和实质平等保护理念的要求,售酒给驾驶人之经营者应当承担驾车劝阻责任。售酒给驾驶人之经营者驾车劝阻责任本质上为一种侵权补充责任,其构成要件为:怠于履行驾车劝阻义务的行为、受害人受有损害、行为与损害之间的因果关系和经营者有过错。为了保护受害人的权益和增强实践的可操作性,驾车劝阻责任应当实行举证责任倒置规则。 Based on the principle of consistent benefit and risk items, the theory of corporate social responsibility and the concept of substantive equal protection, the operator who sells liquor to the driver should bear the responsibility of discouraging driving. Discrimination of responsibility to drive a driver by car is essentially an additional liability for infringement. The constitutional requirements are: laxity to perform the obligation of discouraging driving, the victim’s injury, the causal relationship between the act and the damage, and the operation There is fault. In order to protect the rights and interests of victims and enhance the practicability of practice, the rules of inversion of the burden of proof should be applied when discouraging liability by car.