Research On The Application Of Juvenile Victims And The Negligent Mechanism

Based on the company violate minors' body and health in three cases,examine such special cases and the elements in a legal system apply to the problems existing in the fault mechanism,to promote the infringed basic remedy mechanism of rights and interests of minors to further improve.In judicial practice,the judicial organ usually need to strictly follow the related provisions of tort liability law in our country and the fair principle of civil law system,under the fault imputation principles apply to have fault mechanism to trial enterprise violate such cases of minors' body and health.From the specific case,the court may not fully investigate the parties to a case for dangerous accident prevention duty,control ability,etc.The specific elements of accident causation,not fully fault of minors and the arguments of constitutive requirements should cases,constitute the victim or his guardian and faults.According to the basic requirement of minors protection law and other laws in our country,based on the importance and particularity of basic rights and interests of minors,the juvenile victim in tort accident due to identified with fault compensation is partially offset or exempt from the problems,many scholars of civil law on the basis of different theory puts forward the opinion of law,the study of this paper have certain reference significance.In order to achieve the protection of basic rights and interests of minors,combining with the development of modern tort liability law,in-depth investigation of extraterritorial law especially the Anglo-American law system and continental law system and the specific legal system in Taiwan,combined with the objective reality of modern economic and social development in our country,explore minors are there shall be applicable to the cases of infringement and fault mechanism of specific issues,for the improvement of the basic rights of the tort liability law for minors relief put forward feasible Suggestions.This paper is divided into four parts:The first part,introduction,introduces the research background,the research status of the paper,the research significance and research method,is to outline the present situation of the tort liability law with fault mechanism and specific research ideas and methods.The second part introduces the basic situation of the case.By collecting and sorting out three representative cases of juvenile infringement,this paper presents the current situation of juvenile victim's rights and interests relief in judicial practice.This paper analyzes the concrete problems of protecting the basic rights and interests of minors under China's tort liability law.This paper examines the specific viewpoints of the court in the process of hearing the case and summarizes the focal issues that need to be discussed in this paper.The third part,the legal theory analysis of the cases of minor infringement.First of all,this paper investigates the liability principle and the negligence mechanism of tort liability law in China.Secondly,in view of the application and negligence of juveniles in China's judicial practice,the author analyzes whether the victims meet the specific constitutive requirements.At the same time,it analyzes whether the victim should bear the corresponding fault liability of his guardian.To investigate the extraterritorial judicial practice and relevant legal theories,and to analyze the rationality of the mechanism of application and negligence in the case of juvenile infringement.Secondly,the modern development of tort liability law and relevant systems outside the region are investigated.The improvement of tort liability law should be gradually promoted to give priority and adequate protection to the basic rights and interests of minors.The fourth part is the enlightenment of the case study on the infringement of minors.First,it analyzes the rationality of the application of negligence mechanism in China's legal system.To explore how to resolve the conflict of basic legal values involved in the case;Secondly,this paper analyzes the adverse situation after the minor is infringed upon due to the application of the negligence mechanism.Neither the social medical system nor the personal accident insurance system can effectively guide the infringer to strengthen the prevention and control of dangerous accidents.This paper holds that in order to realize the substantial guarantee of the basic rights and interests of minors,China's tort law should change the current principle of imputation and the application of the negligence mechanism.In modern society,the remarkable characteristic of corporate behavior is the socialization of its production and management activities.It is characterized by the universality of its activities and the frequency of its behaviors.Corporation enterprise violate the basic rights and interests of minors the danger after the accident happened,should pay attention to the analysis of dangerous sources,companies in the production and business operation activities in the prevention and control of dangerous obligation and ability;In the case of the minor's weak ability to identify the danger,the victim,especially the victim of the minor,should not be identified as guilty or negligent.In the process of perfecting our country's tort liability law,basic value,shall review in some special cases of infringement as companies in the cases of violations of the basic rights and interests of minors,shall gradually change the imputation principles and with the application of the fault,avoid strictly follow the traditional theory of tort liability law and cause of basic rights and interests of minors indifference and damage.The state shall guide enterprises to establish a corresponding responsibility decentralization mechanism to promote the gradual transformation of China's tort liability law and the application of the negligence mechanism.When conditions are ripe,cases of enterprises violating the basic rights and interests of special groups,especially minors,are transferred to no-fault liability,and the fault-liability and negligence mechanism based on fault liability are no longer applicable.In the course of the improvement of tort liability law,the guiding mechanism should be actively constructed to reduce the occurrence of dangerous accidents in essence.Fundamentally solve the problem of legal form equity and substantive justice,realize the protection of the basic rights and interests of special groups,and further promote the realization of the fair value of law and the value of rights and interests protection.