On The Liability Of The Negligent Supervisor When Children Are Victims

Children get injured because of negligent supervision has become a serious social problem.General Principles of the Civil Law of the People's Republic of China has made some detailed provisions on choosing qualified supervisor and depriving the custody.In respect of injured child remedy,it is difficult to sue supervisor directly because of some reasons in law procedure and social facts.When a third party gets involved,Court identifies negligent supervision easily and takes it to reduce the compensation of the third part that children will receive.Injured child will take the loss that supervisor should pay because of the lack of property institution to ensure supervisor to take the liability.Justification does not do good to keep the profit of injured child and turns against the aim of legislation to protect children.With comparing the laws abroad,this article suggests Court should limit the determination of supervision negligence to avoid unjust reduce of compensation the third party will pay.In the future,the rule of joint liability should be made on legislation and the custody property institution should be established so as to ensure the liability of supervisor will be taken.