The Application Of Fault Offsetting On Minors' Rights Infringement

As a important rule of responsibility distribution in the field of infringement,the rule of negligence has attracted the attention of the legislative and academic circles in China.However,when minors who should have received more attention and more special protection have become the targets of infringement cases,the rules of negligence in China are compared with other countries and regions with developed legal systems,whether in legal theory or justice.The practice is not perfect.In terms of legislation,there is no relevant provision in China on how to apply for negligence in violation of minors;in judicial practice,due to the Supreme People's Court's compensation for “Li Guiying v.Sun Guiqing's chicken eye compensation case” and “Zhao Zheng and Yin Fahui's personal injury compensation” In the case of the case,the people's courts at all levels in China often use the guardianship of the juvenile victim to perform the guardianship duties,and the guardianship negligence is the applicable condition of the negligence rule and the infringement of the perpetrator.Negotiation is used to mitigate or exempt the perpetrator from liability for infringement damages.However,this practice is not conducive to protecting the legitimate rights and interests of juvenile victims.Therefore,this paper analyzes and applies the relevant cases in China's judicial practice,analyzes the application status of the negligence rule in the cases of minors' infringement,and finds out the existing problems,so as to explore and perfect in such cases.How to apply the rules of negligence,in order to protect the interests of underage victims and perpetrators in a more balanced manner.In addition to the introduction and conclusion,the main body of this article consists of three parts:The first part mainly adopts the method of equidistant random sampling by sorting the referee papers and related cases on Peking University's magic weapon,and selects 67 sample cases as the research object of this paper.Then,from the three aspects of the distribution and correction rate of the trials,the places where the minor victims have been infringed,the courts' support and the reasons for dismissing the rule of negligence,the 67 sample cases are analyzed and the people's courts at all levels in China are summarized.The problem of applying the rule of negligence in the trial of minors is violated.The second part is a detailed discussion of the three problems in the application of the negligence rule in such cases and the reasons for these problems: First,due to the non-recognition of civil liability system in our country's legislation,it has not recognized the juvenile victimization in our judicial practice.People have the ability to make mistakes.Therefore,in the trial of such cases,the court does not use the fault of the minor victim as the applicable condition of the rule of negligence;secondly,because the juvenile practice does not recognize the minor's ability to be at fault,it is a fault for the juvenile victim.The degree is not considered,and it is impossible to weigh the burden of responsibility between the victim and the victim.Third,as long as the minor is harmed by a third person,the court will use the guardian's failure to perform the guardianship duties and The infringement of human beings is compromised,thereby detracting from the legitimate rights and interests of juvenile victims.The third part is to explore the problems raised by the previous article and explore the perfect path of applying the rule of negligence when minors are infringed.First of all,the victim's negligence ability should be taken as the constituent element of the applicable negligence rule,and on this basis,a specific age group is divided as the benchmark for the application of the rule;secondly,when the minor victim is also at fault for the damage,It is necessary to distinguish the fault to apply the rule of negligence,so as to avoid the injustice of the victim and the victim caused by the abuse of the discretion by the judge;and finally,how to apply the rules of the negligence rule when the guardian of the victim is at fault,including Clearly stipulate the guardian's custody obligations and determine whether the guardian's guardianship fault constitutes an infringement of the juvenile victim.If it constitutes an infringement,explore how to bear the liability for damages.