Abstract: The cases which the guardian's negligence causes the children serious injury or death always happen.However,in the game of legal logos and legal sense,non-uniformity situations emerge in the judicial practice.In the perspective of the principle of legality and general prevention of the criminal law,the guardians,criminal responsibility should be investigated.Furthermore,in order to prevent incidents like that,the guardians should enhance the qualities of themselves,and China should establish and perfect the social insurance for children.