Research On Guardian Infringement

A great sensation throughout the country which was called "3·31 Nanjing child-abuse case" gave social attention to the protection of minor's rights.The Nanjing child-abuse case is different from the former case that kindergarten teacher abused children in kindergarten,which happened between guardian and wards.The family is an important place for minors to grow.Parents as guardians of minors should exercise the right of custody given by law,and perform the duties of guardianship under the law,to ensure the healthy growth of minors.But now there are many minor children injured by their parents,consequently,the physical and mental health of minors were greatly damaged.In the case of a guardian against a minor custodian,the criminal offense can be applied to the crime of abuse and intentionally assaultedin our criminal law.However,when the offense has not reached the standard of criminal offense,it should also be protected by civil law.However,in our civil law,only the the guardianship system regulated in "General Principles of Civil Law" is simply related to the guardian's duties and scope,but the violations did not carry out special provisions.In view of the similar behavior of such infringement,such acts that occur within the family custody and violate the civil rights and interests of minors shall be defined as "guardian infringement",and the guardian shall be required to bear the legal liability arising from such infringement.As the infringement occurred in the family custody,compared with the general civil tort,its responsibility of the subject,the responsibility of the identification criteria and commitment have much particularity.Therefore,this article is from the "Tort Liability Law" point of view,through the analysis of the special nature of the supervision of tort,and recommend that China's"Tort Liability Law" should guard against infringement by setting a special type of infringement and the application of special tort liability rules.That can effectively protect adults from guardian infringement and guarantee the legitimate rights and interests of minors.