更新时间:2024-09-07
精卫填海:未成年人海滩溺亡谁之责
袁琳(文)    作者信息&出版信息
Law-Related Education for Juveniles   ·   2024年9月7日   ·   2023年 第12期  
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Through the myth of Jingwei filling the sea, this article introduces the issue of underage beach drowning, explores the legal perspective of protecting the rights and interests of minors, and analyzes the attribution of responsibility and preventive measures.

Yan Emperor's youngest daughter drowned by the seaside

The girl drowned in the East China Sea and transformed into a bird of defense, carrying wood and stones to fill the sea. The story does not specify the age of the girl, it is speculated that she is a child. Explore the issue of responsibility for underage beach drowning.

The guardianship responsibilities of Emperor Yan and his wife

It emphasizes that parents, as legal guardians of minors, have the obligation to raise, educate, and protect them according to the Civil Code. The guardian shall act on behalf of the ward to carry out civil legal acts and protect their personal and property rights. If the Yan couple fails to fulfill their guardianship duties and causes their daughter to drown, they should bear legal responsibility. If the guardian fails to perform their duties, the court may revoke their qualifications and appoint a new guardian.

The safety obligation of beach managers

Explored the safety obligations that beach managers should undertake in incidents of underage drowning. According to the Civil Code, managers of commercial beaches are required to take protective measures, set up warning signs, arrange safety supervision personnel, and provide timely assistance in case of accidents. If these obligations are not fulfilled, the manager shall bear tort liability. At the same time, it emphasizes that minors should enhance their safety awareness, parents should fulfill their guardianship responsibilities, public place operators and managers should prevent safety accidents, and families and society should jointly safeguard the safety of minors.

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