Should parents bear the responsibility for child casualties caused by neglect of guardianship?

The father took the baby fishing just after a few words, and the baby drowned.

On August 1 last year, Chen Mou took his 5-year-old son Komori to a fishing ground in Dongcheng Street to chat and drink with friends. Komori was playing outside alone and accidentally fell into the pond and drowned. Chen Mou believes that Yuan Mou, the operator of the fishing ground, failed to fulfill his due security obligations, while Yuan Mou believes that his parents' negligence in supervision led to this tragedy.

Chen Mou claimed that the fishing grounds involved should bear 50% of the responsibility, claiming 4 1 10,000 yuan. The case was tried by the court and pronounced in court. The court held that Chen Mou, the parent, was mainly responsible for the accident, and the defendant fishing ground was responsible for 15% of Komori's death, and ordered him to pay compensation of more than RMB 65,438+10,000.

The court held that the child was only five years old when he died and was a minor. The plaintiff Chen is only interested in chatting and drinking with others, failing to accompany the children and failing to fulfill his due guardianship obligations, and should bear the main responsibility.

As the contractor of the fishery involved, the defendant has the management responsibility for the fishery. Judging from the ascertained facts, the fishing ground has been surrounded by iron nets, with warning signs and warning signs. However, there was no special person to look after the fishing ground, and there was no timely rescue at the time of the incident.

Therefore, the negligence of the defendant's safety protection is also one of the reasons for the accident.

According to the law and judicial practice, if it is identified as an accident, parents generally do not have to bear criminal responsibility. However, parents need to bear civil liability for accidents caused by failing to fulfill their guardianship responsibilities.

Although parents are at fault, they are also victims. As the subject of rights and obligations of civil compensation is the parents themselves, there is generally no corresponding civil liability in judicial practice. Considering the particularity of this situation, there are very few cases that are really investigated for responsibility.

However, according to the Opinions on Several Issues Concerning Handling Guardians' Infringement on Minors' Rights and Interests according to Law, it is one of the situations in which the respondent "left the minor in an unguarded and unattended state, causing the danger of death or serious injury to the minor, and refused to change after education".