Discussion Of Administrative Guidance Systemthe Application Of Contributory Negligencein Juvenile Criminal Cases

In modern society, with the development of economy and progress oftechnology, road traffic and industrial disaster such as infringement eventsoccur frequently. How to effectively prevent all kinds of infringement events,transfer and disperse the damage to give the victims fair reasonable andadequate relief after the occurrence is the sacred mission of the law bore. Therealization process of justice is not a simple mechanical operation process oftransfer damage, but a process of justice judicial implementation. In the casesof underage as victim, contributory negligence has an important function toreduce or even remove the damage liability of the perpetrators. However,considering the particularity of minors and the aim of guardianship systemsettings, it is essential to balance the protection of minors and the interestbetween the infringer and victim in the judicial process. In current judicialpractice of our country, there is still a habitual practice that contributorynegligence without distinction between juvenile victim legal representativeand infringer to reduce the damage compensation liability. By reviewing thecurrent judicial practice of our country and comparative analyzing of themajor countries especially the related system theory in Germany and Japan,the author thinks it is necessary to further explore the establishment of typingthe guardian of fault liability system in juvenile victim cases, in order to fundamentally change the rigid practices of contributory negligence withoutdistinction, conforming to the trend of judicial development, highlighting“special and primary” protect of the minors to give them a better protect oflegal rights. In addition to the preface and the conclusion，the article isdivided into four parts:Part I: Starting from the negligence offset system, the author wishes toclarify the concept and the legal basis of this system，and then analyzes whichconstituent elements it should possess. On this basis，The author describes thebasic structure and its expansion in the case of the system，combined withChina’s judicial practice.Part II: According to the evolution of the negligence offset system on ourcivil law system, the author analyzes the concrete manifestation of thedifferent stages of the system in a different legal system specification, andthen discusses the specific application of the system in our judicial practice,leading to the thinking about legal guardian negligence provisions.Part III: Through the analysis and carding of the negligence offset systemof major countries of the world, especially Germany, Japan and Taiwan Areaof China, thereby denying our judicial tradition and guardian of the minorvictim negligence without fundamentally distinguishing to blindly carrycontributory negligence stiff practices conform to the trends of the judicialdevelopment.Part IV: binding with the specific case applies of our judicial practiceabout legal representative causing damage to a to minors victim, the author isto re-examine and consider the reason of the proposed guardian negligence,and then puts forward that it should be divided into different types ofsituations, namely the existence of the relationship between the victim and theperpetrator of the discrimination debt, the difference between the interests of the minor victim on the damage, the negligent treatment or legalrepresentative acting on the loss of generation and expansion ofdiscrimination, thereby changing the traditional practices, to reflect, highlightthe "special priority" protection of the legitimate rights and interests ofminors.