On The Application Of The Minor Victims In Contributory Negligence

Considering the objective aspect of contributory negligence, both the offender’s legal cause and the victim’s result in the whole damaged result, which can’t be divided into two parts.In terms of the damaged results, the victim’s negligence, which is the attitude of carelessness, is different from the offender’s, which is a kind of negligence in the composition of civil liability of Torts by violating the general duty of care. The specific characteristic of the legal causation of contributory negligence decides that the nature of the civil liability, which is shouldered by the victims, is a kind of proportional liability. The specific characteristic of the victim’s negligence determined that the criterion of negligence is whether the minor has "the ability of the affairs identification", which is distinguished from the ability of civil responsibility for the offenders. In trial practice, the judges usually treat the minors as "dangerous source". They always think that the minors do not has the awareness ability of dangerous and formulate a hypothesis that if the minor, who is the victims, were a person of complete capacity, the damaged results will not come with. Then, get the result that the minor, who is under guardianship, has negligence subjectively. However, the minors lack of capacity for responsibility shift the responsibility to the guardian, who is presumed the negligence in guardianship. Then the guardian’s negligence is considered the negligence of the victim’s side to diminish the offender’s responsibility. In fact, the judges judge whether the guardian has fulfilled the obligation of guardianship according to whether he or she had prevented the minor from damage objectively. This is asking too much of the guardian and he or she can’t actually reach the task.