The Contributory Negligence in Minor's Being Infringed

The contributory negligence is different from the fault of perpetrators.The victim's fault is not a violation of the obligation not to infringe the others' rights but a violation of the obligation to protect themselves.Such an obligation is a kind of obliegenheit.When we make judgments about the victim's fault,the standard that victims should fulfill the same duty of care as they do to handle their own affairs may be considered.In order to maintain the secure and dependable of existing legislation and judiciary,it is supposedly to stipulate that minors over the age of 10 have the ability to offset fault.However,minors under the age of 10 do not have the ability to offset fault.In the case that minors have been infringed on by perpetrators and the guardian's deficiencies of his or her guardianship duties led to the occurrence or expand of a minor injury,if the guardian violates the duty of care of a good administrator,the victim should assume the fault of the Guardian.When the amount of damages is taken into consideration,fault offset is implemented then.