Theory In Terms Of Negligence Offset Of Minors Infringement Compensation Claims

There is a kind of unique victim in respect of Tort case, minors, who stand dual weakness positions of nonage and victims. The responsibility being undertaken relates to triple parties of the injurer, the infringed minor self, and the guardian in the minors infringement. It is complicated by the time for the responsibility division of the triple parties besides the negligence offset matter of claims for minor infringement. There is only common and principle regulation in the national civil law against general Tort responsibility to assume negligence offset. Pursuant to two letters of reply issued by supreme people’s court more than two decades ago. responsibility for most cases of minor infringement are assumed by both of injurers and victims simultaneously. Judicial apparatus at all levels always follow the reply letter for such kind of trials, while regarding the minor guardian as victim for whom applying negligence offset without investigating the minors’mistakes, which results in consequence legally the final infringement compensation responsibility assumed by injurers excluding negligence liability by victims, thus academia holds attitudes of questioning and criticism towards the rough way by one cut for disposal of the case by judicature apparatus.This article arises the matter that the sentence of electric shock to ZhangMouJia in people’s court of Yunnan Ludian county to analyze in depth for the negligence offset basic theory from basic concept through deep research with its features and key elements for the whole article’s good theoretical foundation, which adopts different theories for analysis and comparatively visual investigation to specially analyze two controversial matters about contributory fault in minors infringement and responsibility assumed by guardian in minors infringement as well as the applicable rules of negligence offset applied for minors infringement compensation claims, which acknowledges minors’recognition capacity being the key element of negligence offset as the prerequisite in such claims cases, in which infringed minors’contributory fault shall not be neglected, guardians’violation to the guardianship liability leading to the occurrence or damage scope and extent-of minors infringement to be amplified, shall not apply negligence offset with injurers and shall assume the responsibility for both infringed minors and injurers. And this article depicts the status of applied legislation of negligence offset for minors infringement compensation claims and judicial practice to offer relevant proposal, which aims at establishing bilateral infringement responsibility assumed in balanced way between both injurers and victims, among which special protection to be given for minors.