Whether the minor has the right to claim damages

Hello: Adults are entitled to claim damages.

However, it is exercised by their guardians.

According to Article 57 of the Civil Procedure Law, a person who lacks the capacity to litigate shall be represented by his guardian as the legal person. Where legally-prescribed persons pass the buck to each other, the people's court is to designate one of them to litigate on their behalf.

According to Article 14 of the General Principles of the Civil Law, the guardian of a person who lacks or has limited capacity for civil conduct is his legal person.

Article 16: The parents of minors are the guardians of minors.

Where minors' parents are deceased or have no capacity for guardianship, one of the following persons is to serve as guardian:

1) Grandparents;

2) brother and sister;

3) Other close relatives or friends are willing to bear guardianship responsibilities with the consent of the minor's father's or mother's work unit or the residents' committee or villagers' committee for the minor's residence.

Where there is a dispute over serving as a guardian, the minor's parent's work unit or the residents' committee or villagers' committee for the minor's place of residence is to designate it among close relatives. Where a lawsuit is filed against the designation, the people's court is to make a ruling.

Where there is no guardian provided for in paragraphs 1 or 2, the minor's parent's work unit or the residents' committee, villagers' committee, or civil affairs department for the minor's place of residence is to serve as the guardian.

According to the provisions of the Civil Law and the Tort Liability Law, if a minor suffers damages, the right to claim compensation shall be exercised by his legal representative.

Lawyer Hu Guibin.

1. According to the relevant provisions of China's Civil Code, if a minor infringes, his guardian shall bear the tort liability, and the minor with property shall pay compensation from his own property; The guardian shall compensate for the shortfall. 2. Article 1188 of the Civil Code of the People's Republic of China: Where a person with no or limited capacity for civil conduct causes damage to others, the guardian shall bear tort liability.

Guardians who fulfill their duties of supervision and protection can reduce their responsibility for violating the right to defend and watch. 3. Where a person with property who lacks or has limited capacity for civil conduct causes damage to others, he or she shall pay compensation from his or her own property; The guardian shall compensate for the shortfall.

According to Article 1188 of the Civil Code, if a person who has no capacity for civil acts or a person who has the ability to defend civil acts causes damage to others, the guardian shall bear tort liability. Where guardians perform their guardianship duties, their tort liability may be reduced.

Where a person with property who lacks or has limited capacity for civil conduct causes harm to others, the compensation fee shall be paid from his or her own property for the first time; The guardian shall compensate for the shortfall.

Compensation for damages for juvenile infringement: 1. The compensation obligor shall compensate the victim for personal injury, various expenses incurred due to medical treatment, and the income lost due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses. 2. If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of working ability, including disability compensation, disability assistive devices, and living expenses of dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to the maintenance and continuation of the spine protection spine.

3. In the event of the death of the victim, the compensation obligor shall compensate the funeral expenses, the living expenses of the dependents, the compensation for the death of Ying Fan, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters. Article 17 of the Judicial Interpretation on Compensation for Personal Injuries.