Empirical Research Involving Minors Tort Cases

The healthy development of minors is not only related to a happy family, but also the relationship between the country and the nation’s future and hope, cases involving minors tort cases is an important part of the work of grassroots people’s courts. Given the absence of the special nature of the proceedings and the ability of minors subject identity, in order to safeguard the legitimate rights and interests of minors, should set up a special civil action principles and procedures for the minors. But our people do for proceedings involving minors has been applied to ordinary civil rights model, a series of issues in the trial practice, with the advantage of the author in frontline grassroots people’s courts, summed Pingdingshan City area ten-level courts in nearly three years involving minors in civil infringement cases related to judicial statistics, in accordance with the "What- Why- how do" logical thinking to study writing, of involving minors in civil infringement cases do a simple sort, to find the in the trial of such cases the problems and propose solutions to the problem of rationalization proposals in the perspective of grassroots courts, in order to promote grass-roots people’s court trial work better and better safeguard the legitimate rights and interests of minors.Thesis is divided into four parts, the first part is to introduce the purpose and significance of this writing, the status of domestic academic research on underage people Torte cases, writing the main ideas and context of national legislation and described herein. The second part describes the use of specific data related to the case study sample; herein relating to the core concepts and case classification; summary trial practice involving minors tort cases the presentation of the characteristics of the type of data analysis through the sample; typical cases Cause of the damage caused by a minor infringement cases occurred analysis: minors own reasons and external reasons. The third part is to propose the trial practice involving minors tort cases some typical cases and problems. The main provisions of the Civil Liability involving minors; guardian and the guardian will pay the victims loss how to solve the problem in the trial practice; the damage caused by a minor case litigation guardian status; minor infringement cases in the "Equitable Responsibility " discretion problem issues and judges; family cases easy to ignore legitimate rights and interests of minors. The fourth part is in the perspective of grassroots courts, and propose solutions involving minors tort cases problems that exist in the trial rationalization measures: from the legislative branch to resolve the lack of substantive and procedural law legislative, judiciary take a proactive initiative, breakthrough ordinary civil mode to maximize the interests of minors, the principle of sound judgment mechanism reform, the community to assume their responsibilities and take effective measures to safeguard the legitimate rights and interests of real minors.