Who will bear the liability of the case of the case?The court judged like this!
Author:Gansu Provincial Higher People Time:2022.06.28
In real life, many parents are small in their children's mistakes. They do not know about the severity. They always want to perfunctory things. Faced with the injuries that have occurred, perfunctory always solve the stumbling block in the problem.
Brief case
Recently, the Huining County Court tried a case of infringement liability for the injury caused by the juveniles due to the launch of the minor. The minor involved in the case did not choose to be in a safe and empty area when it was released, causing the body of others to be harmed. After the incident, the two parties failed to negotiate and were resolved by the infringement to the court. During the trial of the case, due to the large controversy of the two parties, the court could not reach an agreement. After the judgment was sent to both parties, neither appealed, and the content of the judgment had been fulfilled.
Judge
Citizens' health rights should be protected by law. If a minor causes damage to others, the guardian shall bear the liability for infringement. Parents should protect the personal safety and legitimate rights and interests of their minor children. Parents, as the guardians of underage children, are both rights and obligations to educate and protect minor children. responsibility.
Law link
"People's Republic of China"
Article 1,88 If a person -without person -without people and restrictions on civil behavior can cause damage to others, the guardian shall bear the liability for infringement. If the guardian fulfills its duties, it can reduce its infringement responsibilities.
If there is no capability person with property, and the ability to restrict civil behavior can cause damage to others, pay compensation from his own property; the insufficient part will be compensated by the guardian.
Article 1,89: People who have no capacity for civil behavior and restrict civil behavior have caused damage to others. If the guardian entrusts the guardian responsibilities to others, the guardian shall bear the infringement liability; if the trustee has a fault, he shall bear the corresponding responsibilities.
Source: Huining County Court
Editor: Ji Xueyong Ma Jianwei Editor: Fu Yanyu
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