The Application Of Contributory Negligence In Cases Minors’rights Were Infringed

Contributory negligence rule was designed to equity between the interests of the offender and the victim.Minor victims should be more special protection, but in our country, courts always reduce the responsibility of the offender when the guardian of the minor victims take less care of their children. As a result, the protection of the interests of a minor victim will be less than an adult,and it is unreasonable. If we want to banlance the interests among the offender, the minor victim and the victim’s guardian,it has important theoretical and practical significance for us to study the application of contributory negligence rule in the cases minors’interests were infringed. In this article, using the case study method, I will present a typical case of this issue and lead to the question I will research through this case.Then,1will recommend the status quo in our legislative and judicial practice.Through the recommendations,I will sum up two important points in the application of contributory negligence rules applicable in the case of minors victimized:first,is it necessary for us to consider the minor victim’s own fault, and how to identify the fault;second, is it necessary for us to consider the guardians’s own fault,how to identify it and how to deal with it. By analyzing and solving these two main controversial points, I will sum up the methods to deal with the cases of contributory negligence rules applicable when the victims are minors.I hope that I can find the balance point among the parties through my study.