审判实务中,对未成年人受侵害案件通常不考虑未成年人的过失相抵能力,而从监护人是否尽到监护义务角度考量,一旦认定监护人未尽到监护义务,即依职权适用过失相抵,这一做法常导致对未成年受害人的保护反不及成年人。应明确未成年人承担其监护人过失的范围,并确立监护人过失的判断标准。 Judicial practice, the cases of minors infringement are usually not considered negligent negligence, but from the guardian to fulfill the duty of guardianship consideration, once the guardian did not fulfill the obligation of guardianship, that is, according to the application of the right to offset the negligence, which One-handedness often results in underestimates of underage victims against adults. Minors should be clearly borne by their guardians of the scope of negligence, and to determine the guardian of the judgment of the negligence.