Negligence Counterbalance System Applicable To The Minor Victim

Negligence offset system is a kind of compensation for damage multi-share-risk mechanism, the victim of the occurrence or expansion also has the negligence can relieve the aggressor's liability for damages a kind of system. Negligence offset system aims to balance the interests of the victim and injures, between in the sense of justice, reflects the concern for special interest group. Underage victims as a special group in their applicable to the system when negligence offset put forward higher request, so to juvenile justice practice in our country is the victim of negligence offset system related problems on research.Our country's tort liability law article 26 negligence offset clearly specified, but highly generality for negligence offset system for the specific have some questions. Especially when the victim is minor person, in judicial practices prevailing practice is the guardian of the fault as the victim party fault. But as injures the not clear under the provisions party led to the escape corresponding legal responsibilities. So it is necessary to clear the parties on the infringement cases, to clarify the nature of the parties fault and judgment standard.Perfect our infringement of minors for negligence offset system after to safeguarding the lawful rights and interests of minors and social development has the vital significance. Perfect theoretical basis, in order to prevent abuse of negligence offset mutually beneficial imbalances, caused by restricting applicable conditions and clarifying its applicable scope. Meanwhile, in order to better protect the lawful rights and interests of minors, will be essential to this system and monitoring system and insurance system connected to better promote the applicable negligence offset system.