在被监护人遭受第三人侵害,而监护人也具有过错的案件中,我国司法实践的普遍做法是将监护人的过失视为被监护人的过失,二者视为一体,由被监护人承担,进而与侵权人进行过失相抵。这一做法在法理和逻辑角度难以自圆其说。摒弃视为一体的做法,由监护人和侵权人按照各自过错,承担按份责任。在此基础上,细化、完善司法适用的标准和思路,提供相对明确的可操作框架,是解决监护人、被监护人与侵权人之间损害分担问题,维护公平理念,平衡各方利益的应有之义。 In cases where the guardian is infringed by a third party and the guardian also has fault, the common practice in judicial practice in our country is to regard the negligence of the guardian as the fault of the guardian, and the two are regarded as one body, which is assumed by the guardian and further infringed upon People make mistakes. This approach is difficult to justify legally and logically. Abandonment of the practice as one by the guardian and the infringer according to their own fault, assume the responsibility. On this basis, we should refine and perfect the standards and ideas for judicatory application and provide a relatively clear and operable framework to solve the problem of sharing of damages among guardians, guardians and infringers, safeguarding the concept of fairness and balancing the interests of all parties Meaning.