On The Litigation Status Of Guardians In Juvenile Infringement Cases

In China's current law,custody is a system of civil law,which refers to a civil legal system that supervises and protects the juveniles,mental patients,their property and other legal rights.In the first-line work of civil trials for many years,the author finds that guardians participate in litigation more commonly in the following four types of cases.One is the cases that juveniles ask for support payment.The other is the juvenile infringement case.The third one is divorce case of mental patients and the fourth one is the case to order someone to provide for support payment among the persons with limited capacity.Because there are some different views about guardians' identify in the case of juvenile infringement which causes the lack of a unified orientation in practice,such cases have damaged the unity and authority of the judiciary.Centering on this type of case,the historical data of a basic court in central JiangSu province was taken as the research object.Finding that judges often differ in determining the identity of their guardians in the proceedings,And the practice of national judiciary is more diverse,conclude to theory,Dominant view is that the guardian should be guardian as co-defendant participate in litigation,with a view to tort liability law article 32,two contents belong to the understanding of the internal and external relationships between the phase,also accord with the guardianship system damage relief,prevention and protection of ward three functional requirements,satisfy the guardianship responsibility system of the vicarious liability theory support at the same time,at the present of the legislation is not perfect,the most feasible adopt such practices.However,at the specific operation level,the property condition of the guardian still needs to be written into the document,and it should be treated separately according to the different claims of the victim,so as to ensure the consistent expression of the parties and the main text in the legal document.At the same time,to perfect the legislation is the fundamental way to solve this problem,by reference to two major legal systems of some countries in dealing with the same problem when used with reference value,propose legislation regulation legal representative and the parties have the same status,so that the guardian took part in the litigation rights can fully guarantee,to a certain responsibility also logical.