论未成年人的民事责任问题

A. V. Afanasievskaya
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引用次数: 0

摘要

随着国家和社会的发展,法律关系不可避免地发生变化。目前的变化也适用于各类人口。未成年人通常使用信息技术不受限制地访问互联网,他们面临的风险尤其大。这适用于网络上发布的负面信息,这些信息往往会破坏道德原则,对教育造成重大损害,即使父母正确履行了他们的职责。未成年人犯罪的数量正在增加,这往往是在网络用户群体的影响或宣传下发生的,这一事实使情况更加恶化。刑事和行政立法都规定了一个年龄,从这个年龄起,人们可以对一种或另一种责任负责。民法也限制了一个人承担全部责任的年龄。对这个年龄以下的孩子的责任是由父母承担的,因为他们被赋予了教育的义务。本文对未成年人民事责任的类型进行了探讨。分析了未成年人民事案件的执法实践。对欺凌这种新现象进行了考察,这一现象最近在法律文献中得到了积极的报道。这主要是由于未成年人由于心理不成熟,有时在团队中没有意识到自己的行为,从而造成对其他未成年人的攻击性迫害。因此,被欺负的人会遭受精神上的痛苦,有时甚至是身体上的痛苦。由于民事立法中对儿童父母之间的责任分配没有明确的规定,作者提出了科学的观点,并在司法实践中对所涉法律关系作出了解释。最后,总结了这项研究的结果,并得出结论,认为有必要使民事和家庭立法的规范相一致,并在对未成年人造成损害的情况下巩固一个统一的赔偿程序
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On the Issue of Civil Liability of Minors
With the development of the state and society, changes in legal relations inevitably occur. The ongoing changes also apply to various categories of the population. Minors, often with unlimited access to the Internet using information technology, are at particular risk. This applies to negative information posted on the network, which often destroys moral principles and causes significant damage to education, even with the proper performance of their duties by parents. The situation is aggravated by the fact that the number of offenses and crimes committed by minors is increasing, which often occurs under the influence of a group or propaganda of Internet users. Both criminal and administrative legislation establish a certain age from which persons can be held liable for one or another type of responsibility. Civil law also limits the age at which a person can be fully liable. Responsibility for children under this age is borne by parents, since it is they who are entrusted with the duty of education. The Author examines the types of civil liability of minors. Law enforcement practice in civil cases involving minors is analyzed. An examination is given of such a new phenomenon as bullying, which has recently been actively covered in legal literature. This is primarily due to the fact that minors, due to mental immaturity, sometimes do not realize their behavior in a team, as a result, causing aggressive persecution of other minors. As a result, people who have been bullied inflict moral and sometimes physical suffering. Since there are no clear instructions in the civil legislation regarding the distribution of responsibility between the child's parents, the Author provides scientific views, as well as the interpretation of the legal relations in question in judicial practice. In conclusion, the results of the study are summarized, conclusions are drawn about the need to bring the norms of civil and family legislation into line and consolidate a unified procedure for recovering damages in case of causing it to minors
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来源期刊
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0.00%
发文量
14
审稿时长
21 weeks
期刊最新文献
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