An Analysis Of The Applicability Of Juvenile Victims

Contributory negligence is also called das eigene Verschule des Beschadigten. The courts should reduce or remit the compensation amounts as long as the offender advocates contributory negligence and has evidences to prove it, in order to realize fairness and justice. Our country’s relevant laws and regulations specify the system of contributory negligence, but ignore the infringed minor at a double disadvantage and it should be more particular protection. The courts always reduce or remit the compensation amounts of the offender because the guardian of the minor victims takes less care of the infringed minor. This practices lack legal basis, and it is easy to cause adverse effect to minors. Perfect the application of contributory negligence system for minors has great theoretical significance and practical value in the protection and remedy of the legal rights and interests for minors and the harmony and stability of the society.This paper altogether divides into four parts: the first part, to submit the questions, introducing the application of contributory negligence rule in the cases minors’ interests were infringed and recommending the status quo in our legislative and judicial practice and two important points; the second part, basic theory about the contributory negligence system; the third part, to analyze the faults of the infringed minor and his or her guardian in order to solve these two main controversial points; the last part, when the victims are minors, the methods to deal with the cases of contributory negligence rules applicable will be summed up so that we can strengthen the relief and protection of rights and interests of minors in our country.