On the Application of the Principles of Contributory Negligence——in the Case of Minors Being Infringed Perspective

In the case of a minor infringement, the judicial practice often do not consider the minor victim's fault,but directly shift the blame to the guardians and regarde it as the guardian's fault, which is contrary to the spirit of fairness and responsibility conceited principles, resulting in a lot of adverse effects. Meanwhile, the academic debate on this issue are mixed. Therefore, we should consider the victim's own negligence of minors, and as having the ability to contributory negligence liability when minors have the ability and be contributory negligence. Guardians of the damage occurred in the presence of gross negligence or expanded, not with the perpetrators be contributory negligence, but not really shared jointly and severally liable with the actual situation of the victim or the offender according to the size of the main causes of force, supplemented by the fault of the way assume liability by shares.