On The Application Of Contributory Negligence In Cases Where Juveniles Are Offended

Comparative negligence means that the infringer’s liability should be reduced or omitted when the injured party has contributed to the loss in terms of the occurrence or the amplification of the injury. It is aimed at striking the balance between the infringer and the infringed on the principle of fairness and justice. Its use in practice is so complex because of its profound theory. Particularly in the case of juvenile infringed, the specialty of the infringed has raised higher requirements for the application of the system. However, nowadays there still remain many problems in the legislation and juridical practice of our country. Neither General Principles of the Civil Law nor Tort Liability Law have rule out how the infringer and the guardian shoulder the liability in the case of juvenile infringed. This incompleteness of the legislation has led to the disunity of juridical practice. This paper will try to analyze the problems existing in the use of comparative negligence in the case of juvenile infringed, then get more appropriate conclusion by the study of theories, comparative law and cases, and at last put forward thorough proposals.This paper will include five parts except for the foreword and the conclusion. The first part will come up with the problems existing in the juridical practice of the comparative negligence in the case of juvenile infringed after the introduction of the concept of comparative negligence. The second part will discuss the related theories, mainly including basic legal principle and the range of application, holding the view that the legal basis of comparative negligence are the justice principle of the Civil Law and the responsibility principle of the Tort Law and there should be restraints on the application of the comparative negligence in the no-fault liability and juvenile infringed. The third part will admit the competence of comparative negligence of the juvenile through the analysis of the theoretical explanation, external regulations and domesticate juridical practice, deeming that any juvenile above 10 has the competence while the ones under 10 do not.The forth part will talk about the range of application of the guardian fault, also from the aspects of the theoretical explanation, external regulations and domesticate juridical practice, thinking that the fault of the guardian should not be bore by the juvenile and the comparative negligence should not be applied due to the fault of the guardian. The last part will carry out the writer’s own proposals to perfect juvenile’s relief system on the condition of the impeccability in the application of comparative negligence in the case of juvenile infringed.